Patna High Court
SHEIKH MOZIBUL @ MD. MOZIBULversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue, pursuant to Section 394 CrPC.
Summary
The appellant, Sheikh Mozibul, died during the pendency of his criminal appeal. The court examined a letter from the Superintendent of Police and a police report confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
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
- 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.606 of 2002
======================================================
Sheikh Mozibul @ Md. Mozibul, S/o Sheikh Navijan, R/o Village Barharwa,
Police Station- Dumra, District Sitamarhi
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prasoon Sinha, Sr. Adv.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 03-04-2026 Perused the Letter No. 515 dated 31.10.2025 of the
Superintendent of Police, Sitamarhi along with the Report dated
28.10.2025 of Inspector of Police-cum-S.H.O., Dumra Police
Station, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Sheikh Mozibul @ Md.
Mozibul, 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.606 of 2002(3) dt.03-04-2026
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)
shivank/-
U
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