Patna High Court

KALIMUDDINversusSTATE OF BIHAR

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated because the appellant is dead and no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Kalimuddin, died during the pendency of his criminal appeal. The Superintendent of Police and the SHO submitted reports confirming his death and attached a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. Since no relative filed such an application, the High Court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court record was ordered to be sent back.

Issues considered

Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to proceed under Section 394 CrPC.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.723 of 2002
                 ======================================================
                 Kalimuddin, S/O Late Nasiruddin, R/O- Village- Shyampur, P.S.- Palasi,
                 District- Araria.



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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :      Mr.Raj Kumar, Advocate
                 For the Respondent/s    :      Mr.Pp.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-03-2026                       Perused the Letter No. 673 dated 26.07.2025 of the

                   Superintendent of Police, Araria along with the Report No. DR-

                   2599/2025 dated 25.07.2025 of the S.H.O., Palasi, Araria,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Kalimuddin, 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 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.723 of 2002(5) dt.13-03-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back.



                                                     (Sangam Kumar Sahoo, CJ)


                                                              (Harish Kumar, J)
guddukr/-

U      T

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