Patna High Court
MD. ABBASversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal was abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Md. Abbas, filed a criminal appeal (DB) No.470 of 1998 against the State of Bihar. While the appeal was pending, the Superintendent of Police reported that the sole appellant had died. The court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.470 of 1998
======================================================
Md. Abbas, S/o Md. Abdul Gafoor, Village Bihanpur, P.S. Tarapur, District
Munger
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. R.C.Sharma, Adv.
For the Respondent/s : Mr. Ajit Kr. Singh II, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 17-04-2026 Perused the Letter No. 156 dated 12.02.2026 of the
Superintendent of Police, Munger along with the Report dated
09.02.2026 of S.H.O. Asarganj Police Station, Munger as well
as the report of Mukhiya, Gram Panchayat- Raj Jorari, Block-
Asarganj, District Munger, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Md.
Abbas, is dead.
2. In view of the said letter as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.470 of 1998(10) dt.17-04-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
Checking your session…