Patna High Court
Maleya Khatoon and AnrversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 of the Code of Criminal Procedure, 1973 (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Summary
The appeal (Criminal Appeal (DB) No.645 of 2015) was filed by Maleya Khatoon and Sintu Driver against the State of Bihar. During the pendency of the appeal, both appellants died, as reported in a letter from the Superintendent of Police and the SHO's report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for 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, with directions to return the trial court record to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative files an application for leave to continue the appeal under Section 394 CrPC.
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.645 of 2015
Arising Out of PS. Case No.-6 Year-2013 Thana- GAUNAHA District- West Champaran
======================================================
1. Maleya Khatoon, wife of Late Mannan Ansari, Resident of Village-
Bhitiharwa, Police Station- Gaunaha, District- West Champaran.
2. Sintu Driver @ Sintoo @ Iftekhar Alam, son of Moharram, Resident of
Village- Madhopur, Police Station- Gaunaha, District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S. Kashyap, Advocate
Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. A.K.Sinha, APP
Mr. Dhirendra Nath Jha, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 19-03-2026 Perused the Letter No.243 dated 18.02.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the Report dated 13.02.2026 of SHO, Gaunaha Police Station,
Bettiah wherein it is indicated that during enquiry it came to
light that both the appellant, namely, Maleya Khatoon and Sintu
Driver @ Sintoo @ Iftekhar Alam, are 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.645 of 2015(6) 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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