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Patna High Court

SALAUDDIN KHANversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated as no near relative filed an application for leave to continue, pursuant to Section 394 CrPC.

Summary

The appellant, Salauddin Khan, died during the pendency of his criminal appeal against the State of Bihar. The court received a death certificate and a police report confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the High Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative under Section 394 CrPC/Section 435 B.N.S. 2023?

Legislation cited

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.838 of 2009
                 ======================================================
                 Salauddin Khan, Son of Late Abdul Rahman Khan, Resident of Village-
                 Khajuri, Police Station-Kalyanpur, District-Samastipur.

                                                                               ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Ashutosh Kumar, Advocate
                 For the Respondent/s     :      Mr.D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                    Perused the Letter No. 851 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report of

                   Police Inspector cum S.H.O., Kalyanpur Police Station,

                   Samastipur dated 09.05.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Salauddin Khan

                   has died. Certificate of death of the appellant issued by Mukhiya

                   of Gram Panchayat Raj, Khajuri, Block-Kalyanpur, Samastipur

                   has also been enclosed with the said report.

                                  2. In view of the said letters 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.838 of 2009(3) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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