Patna High Court
SHAIKH ALLAUDDIN @ ALLAUDDIN MIANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue it.
Summary
The appellant, Shaikh Allauddin, filed a criminal appeal (DB) No.81 of 1999 before the Patna High Court. During the pendency of the appeal, the court received a letter from the Superintendent of Police confirming that the appellant had died. 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 the appellant is deceased and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and 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.81 of 1999
======================================================
Shaikh Allauddin @ Allauddin Mian, Son of Late Shaikh Razzak, resident of
Village- Daulatpur, P.S.- Arrah (Mufassil), District- Bhojpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S.Qaisar Hasan, Advocate
For the Respondent/s : Ms. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 10-04-2026 Perused the Letter No. 334 dated 17.02.2026 of the
Superintendent of Police, Bhojpur, Arrah, along with the Report
dated 08.02.2026 of the Police Inspector-cum-S.H.O., Muffasil
Police Station, Arrah, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Shaikh Allauddin
@ Allauddin Mian, is dead.
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.81 of 1999(3) dt.10-04-2026
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)
Neha/-
U
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