Patna High Court
MD. KALAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no application for leave to continue was filed after the appellant's death.
Summary
The appellant, Md. Kalam, filed a criminal appeal (DB) No.70 of 2008 before the Patna High Court. During the pendency of the appeal, the court learned from a police report that the appellant had died, and a death certificate was produced. 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 Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stood abated and was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.70 of 2008
======================================================
MD. KALAM, S/o Md. Shabid, R/o Vill. Dohma, P.S. Biraul, District -
Darbhanga
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mohammad Sufyan, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 521 dated 29.04.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report dated 29.04.2026 of the Probationary Police Inspector,
Biraul P.S., Darbhanga, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely, Md.
Kalam, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.70 of 2008(5) dt.08-05-2026
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)
shailendra/-
U
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