Patna High Court
Syed Hasan KhanversusState Of Bihar and Anr
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Syed Hasan Khan, filed a criminal appeal (Cr. App. No.530 of 2015) against the State of Bihar and Dewan Mahto. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no relative filed such an application, 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 when the appellant is deceased and no near relative applies 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
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.530 of 2015
Arising Out of PS. Case No.-16 Year-1998 Thana- CHHABILAPUR District- Nalanda
======================================================
Syed Hasan Khan, S/o Late Shamsuddin Khan, R/o Village, Simraur, P.S.
Atri, District-Gaya.
... ... Appellant/s
Versus
1. The State of Bihar.
2. Dewan Mahto, S/o Late Vaso Mahto, R/o Village-Simraur, P.S. Nemchak
Bathani, District-Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rekha Prasad, Adv.
Ms. Kumari Priyanka, Adv.
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 597 dated 07.03.2026 of the
Superintendent of Police, Nalanda along with the Report dated
06.03.2026 of S.H.O, Atri Police Station, wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Syed Hasan Khan, 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.530 of 2015(3) 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)
rohit/-
U T
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