Patna High Court
Md. Jamaluddin @ JamaluddinversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative applied for leave to continue under Section 394 CrPC.
Summary
The appellant, Md. Jamaluddin, filed a criminal appeal (DB) No.823 of 2014 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. 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 is abated 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 lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.823 of 2014
Arising Out of PS. Case No.-178 Year-1999 Thana- CHOUTARWA District- West
Champaran
======================================================
Md. Jamaluddin @ Jamaluddin, S/o Late Md. Ismail, R/o Village - Jharmahui,
P.S. - Chautarwa, District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gauri Shankar Thakur, Adv.
For the Respondent/s : Mr. G.P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 17-04-2026 Perused the Letter No. 121 dated 20.02.2026 of the
Superintendent of Police, Bagaha along with the Report dated
18.02.2026 of S.H.O, Chautarwa Police Station, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Md. Jamaluddin @ Jamaluddin, 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.823 of 2014(5) dt.17-04-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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