Patna High Court

NAZUN BEGAMversusSTATE OF BIHAR

Decided: 13 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE ALOK KUMAR SINHA

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue.

Summary

The appellant, Nazun Begam, filed a criminal appeal against the State of Bihar. The Superintendent of Police reported that Nazun Begam had died. 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 if the appellant is deceased and no 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.

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.612 of 2004
                  ======================================================
                  Nazun Begam Wife Of Sheikh Hashib, Resident Of Village- Narainpur
                  (Shakmari), Police Station- Ajamnagar, District- Katihar.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Raj Kumar, Advocate
                  For the Respondent/s   :     Mr. Pp.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

6    13-02-2026                     Perused the report of the Superintendent of Police,

                    Katihar, dated 08.02.2026 which indicates that the appellant,

                    Nazun Begam 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.



                                                 (Sangam Kumar Sahoo, CJ)


                                                    (Alok Kumar Sinha, J)
guddukr/-
U      T

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