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Patna High Court

MD. ISMAIL @ SK. ISMAILversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Md. Ismail, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and be disposed of, and directed the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no relative seeks leave to continue 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.685 of 2002
                 ======================================================
                 Md. Ismail @ Sk. Ismail, Son of Late Md. Kuddus, Resident of village-
                 Sikorna, P.S.- Kadwa, Dist- Katihar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Bhola Prasad, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-05-2026                 Perused the Report No. 350 dated 04.05.2026 of the

                   Superintendent of Police, Katihar along with the Report dated

                   28.04.2026 of the Inspector of Police-cum-S.H.O., Kadwa

                   Police Station, Katihar as well as the Certificate of Death dated

                   30.07.2025 of the Mukhiya of Gram Panchayat- Raj Sikorna,

                   Block-Kadwa, Katihar; wherein it is indicated that the sole

                   appellant, namely, Md. Ismail @ Sk. Ismail, 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.685 of 2002(5) dt.12-05-2026
                                                        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      T


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