Patna High Court
MD.MANZURversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 BHSS 2023) due to the appellant's death and lack of application by a relative.
Summary
The appellant, Md. Manzur, filed a criminal appeal which was pending when he died, as confirmed by police reports 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 governs the abatement of proceedings upon the death of a party. No near relative applied for leave to continue the appeal. 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. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.943 of 2010
======================================================
Md. Manzur, Son of Late Mohammad, Resident of Village- Sagi, P.S.-
Khodawandpur, Dist.- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md.Fahimuddin, Adv.
For the Respondent/s : Mr. L. K. B. Pd., APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Report No. 1278 dated 05.05.2026 of the
Superintendent of Police, Begusarai along with the Report dated
04.05.2026 of the S.H.O., Khodawandpur Police Station,
Begusarai as well as the Certificate of Death dated 04.05.2026
of the Mukhiya of Gram Panchayat- Raj Sagi, Block-
Khodawandpur, Dist.- Begusarai; wherein it is indicated that the
sole appellant, namely, Md. Manzur, 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.
Patna High Court CR. APP (DB) No.943 of 2010(3) 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)
shivank/-
U T
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