Patna High Court

KHILAFAT HUSSAINversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of any application to continue.

Summary

The appellant, Khilafat Hussain, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died, and a death certificate was attached. The court examined the report and considered 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. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abated proceedings
death of appellant
Section 394 CrPC
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.541 of 2005
                 ======================================================
                 Khilafat Hussain, Son Of Late Siyakat Hussain, R/O, Village- Mohib Ali
                 Chak, P.S.- Habibpur (Jagdispur), District-Bhagalpur.


                                                                              ... ... Appellant/s
                                                     Versus
                 The State Of Bihar


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr. R.A.Hussaini, Advocate

                 For the State            :      Mr. Sujit Kumar Singh, Advocate

                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   27-02-2026                         Perused the Letter No.288 dated 09.02.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   Report No. 129 of 2026 dated 05.02.2026 of the Police

                   Inspector-cum-S.H.O., Habibpur, Bhagalpur, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Khilafat Hussain, is dead and a photocopy of

                   the death certificate of the appellant has been annexed with the

                   said report.

                                 2. In view of the said report as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
            Patna High Court CR. APP (DB) No.541 of 2005(4) dt.27-02-2026
                                                        2/2




                      since no near relative has filed any application for leave to

                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                     (Sangam Kumar Sahoo, CJ)


                                                    (Nawneet Kumar Pandey, J)
guddukr/-

U      T

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