Patna High Court
Badrul HassanversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of under Section 394 of the CrPC as no near relative sought leave to continue the appeal.
Summary
The appellant, Badrul Hassan, filed a criminal appeal (DB) No.740 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the SHO. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal 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.740 of 2014
Arising Out of PS. Case No.-178 Year-1999 Thana- CHOUTARWA District- West
Champaran
======================================================
Badrul Hassan, son of Late Md. Shahid resident of Village - Raibari
Mahuawa, P.S. - Chautarwa, District - West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Chandra Verma, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.109 dated 18.02.2026 of the
Superintendent of Police, Bagaha along with the Report No. 385
dated 17.02.2026 of SHO, Chautarwa Police Station, wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Badrul Hassan, is died.
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.740 of 2014(4) dt.19-03-2026
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)
uday/-
U T
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