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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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