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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

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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