Patna High Court

MANNAN MIANversusSTATE OF BIHAR

Decided: 11 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Kalimuddin, died during the pendency of his criminal appeal. The Superintendent of Police submitted a death certificate confirming his demise. 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. No relative filed such an application. Consequently, the Patna High Court held that the appeal stands abated and ordered the trial court record to be sent back, disposing of the appeal.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased and no near relative seeks leave to proceed

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.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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Raj Kumar