Patna High Court
LIAQUAT ALIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as per Section 394 of the CrPC (Section 435 of the Bhartiya Nagarik Suraksha Sanhita).
Summary
The appellant, Liaquat Ali, filed a criminal appeal (DB) No.840 of 2004 before the Patna High Court. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died, and a death certificate was attached. The court examined the reports and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023. It noted that no near relative had applied for leave to continue the appeal after the appellant's death. Consequently, the court held that the appeal could not proceed and was abated. The trial court record was ordered to be sent back to the concerned court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.840 of 2004
======================================================
Liaquat Ali, S/o Late Lochan Mian, R/o Vill. Ajma, P.S. Naubatpur, District –
Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abbas Haider, Advocate
For the Respondent/s : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 13-05-2026 Perused the report dated 25.02.2026 of the Senior
Superintendent of Police, Patna along with the report dated
23.02.2026 of the S.H.O., Naubatpur P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Liaquat Ali is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.840 of 2004(8) dt.13-05-2026
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)
shailendra/-
U T
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