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Patna High Court

KHALIL MIAN @ KHALIL ANSARIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Khalil Mian, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party when no application is made. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court for any further necessary action.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.522 of 2009
                 ======================================================
                 Khalil Mian @ Khalil Ansari, son of late Chamru Mian, resident of village-
                 Ahiro, P.S. Dhoriya, District- Banka.

                                                                              ... ... Appellant
                                                  Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant       :    Mr.Sanjay Kumar Jha, Advocate
                 For the Respondent      :    Mr.A.K.Sinha App, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   08-05-2026                        Perused the report dated 02.05.2026 of the

                   Superintendent of Police, Banka along with the report dated

                   30.04.2026 of the Police Inspector-cum-S.H.O., Dhoriya Police

                   Station, Banka, which indicate that the sole appellant Khalil

                   Mian @ Khalil Ansari is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.522 of 2009(7) dt.08-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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