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Patna High Court

Md. Tamizuddin @ Tamizuddin @ BudhanversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed as the appellant died and no near relative filed an application under the relevant statutory provision.

Summary

The appellant, Md. Tamizuddin, died during the pendency of Criminal Appeal No. 551 of 2014. The court examined a letter and police report confirming his death. The issue was whether the appeal should continue in the absence of a near relative filing an application for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no near relative applies. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Does the death of the appellant automatically abate a criminal appeal in the absence of an application by a near relative?
  • Is Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) applicable to abate the appeal?

Legislation cited

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.551 of 2014
                 Arising Out of PS. Case No.-251 Year-2009 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Md. Tamizuddin @ Tamizuddin @ Budhan, Son of Late Nurul Hassan
                 Resident of Village - Bhogari, Police Station - Majhauliya, District - West
                 Champaran.
                                                                            ... ... Appellant/s
                                                   Versus
                 The State of Bihar
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Sarvesh Kashyap, Advocate
                                                 Mr. Deepak Kumar, Advocate
                                                 Ms. Akansha Rai, Advocate
                 For the Respondent/s    :       Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   19-03-2026                    Perused the Letter No.251 dated 18.02.2026 of the

                   Superintendent of Police, West Champaran, Bettiah along with

                   the Report dated 13.02.2026 of Sub-Inspector of Police,

                   Majhauliya Police Station, West Champaran, Bettiah wherein it

                   is indicated that during enquiry it came to light that the sole

                   appellant, namely, Md. Tamizuddin @ Tamizuddin @ Budhan,

                   is died.

                                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
             Patna High Court CR. APP (DB) No.551 of 2014(5) dt.19-03-2026
                                                         2/2




                       disposed of.

                                    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)
uday/-

U        T


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