Patna High Court
MD.FAKHRUDDINversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant died and no relative applied for leave to continue.
Summary
The appellant, Md. Fakhruddin, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the concerned 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
- Criminal Procedure Code — s. 394
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.841 of 2007
======================================================
Md.Fakhruddin son of Late Md. Jalil, Resident of Village-Bardah, Police
Station-Mufassil, District-Munger
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Nafisuzzoha, Advocate
For the Respondent/s : Mr.Kamal Kishore Jha, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 05-05-2026 Perused the Letter No. 374 dated 26.04.2026 of the
Superintendent of Police, Munger along with the report of SHO,
Muffasil Police Station Munger, dated 24.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Md.Fakhruddin, has died. Certificate of death issued
by Mukhiya of Gram Panchayat Raj Mirzapur, Bardah, Block-
Sadar, Munger, has also been enclosed with the said report.
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.841 of 2007(5) dt.05-05-2026
2/2
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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