Patna High Court
DILWA @ DILJAN @ DILO @ DILDAR @ DIL MOHAMMADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Dilwa, was found to be deceased as per a police letter and report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of criminal appeals upon the death of the appellant. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of. 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 without an application from a near relative?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- Section 394 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.474 of 2002
======================================================
Dilwa @ Diljan @ Dilo @ Dildar @ Dil Mohammad, Son of Late Mohan
Mian, Resident of Village- Thuthi, P.S.- Balua Bazar, Dist.- Supaul.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 497 dated 28.07.2025 of the
Superintendent of Police, Supaul along with the Report dated
25.07.2025 of the S.H.O., Balua Bazar Police Station; wherein it
is indicated that the sole appellant, namely, Dilwa @ Diljan @
Dilo @ Dildar @ Dil Mohammad, 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.474 of 2002(4) dt.11-05-2026
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)
shivank/-
U T
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