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Patna High Court

MD.GAFFARversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as the appellant is deceased and no near relative applied for leave to continue the appeal.

Summary

The appellant, Md. Gaffar, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police letters and a death certificate. 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 seeks leave to continue it. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal is abated upon the death of the appellant under Section 394 CrPC (or Section 435 BNSS 2023) when no near relative applies for leave to continue?

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.839 of 2008
                 ======================================================
                 Md. Gaffar, S/o Md. Aziz Mian, R/o Village-Karimpur Kataka, P.s.-Paliganj,
                 District-Patna

                                                                          ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashok Kumar, Adv.
                 For the Respondent/s   :     Mr. S.Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   11-05-2026                 Perused the Letter No. 1855 dated 03.05.2026 of the

                   Senior Superintendent of Police, Patna along with the letter

                   dated 01.05.2026 of S.H.O., Paliganj P.S., Karimpur, Patna as

                   well as the certificate of death dated 01.05.2026, issued by the

                   Mukhiya, Gram Panchayat Katka Peygambarpur, Block-

                   Paliganj, District-Patna, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Md.

                   Gaffar, is dead.

                               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.839 of 2008(5) dt.11-05-2026
                                                         2/2




                       disposed of.

                                    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)
supratim/-

U      T


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