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Patna High Court

RAYIA MANJIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of.

Summary

The appellant, Rayia Manji, filed a criminal appeal which was pending when he died, as confirmed by police reports and a death certificate. The court examined whether the appeal could continue in the absence of any application by a near relative. 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 an appeal abates if the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was declared abated and disposed of. The trial court records were ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.666 of 2011
                 ======================================================
                 Rayia Manji, Son of Bhaiya Manji, Resident of Village-Makrampur Santhali
                 Tola, Police Station-Pirpainty, District-Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Shashi Shekhar, Advocate
                 For the Respondent/s   :     Ms.Shashi Bala Verma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                 Perused the Letter No. 994 dated 06.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of Police Inspector cum S.H.O., Pirpainti Police Station

                   dated 05.05.2026, wherein it is indicated that during enquiry it

                   came to light that the sole appellant Rayia Manji has died.

                   Certificate of death issued by Mukhiya of Gram Panchayat

                   Bandhu Jairan, Block-Pirpainti, Bhagalpur has also been

                   enclosed with the said report.

                               2. In view of the said letters 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.666 of 2011(4) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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