Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.