Patna High Court
MOHD. AKHATARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provision.
Summary
The appellant, Mohd. Akhatar, filed a criminal appeal (DB) No.946 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. 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 abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- death of appellant
- abated appeal
- Criminal Procedure
- Section 394 CrPC
- Section 435 BNSS
- appeal disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.946 of 2011
======================================================
Mohd. Akhatar, S/o Mohd. Atabul, R/o Village - Telwa, P.S. Mahishi, District
- Saharsa
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Singh, Adv.
For the Respondent/s : Mr. S. C. Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 464 dated 09.05.2026 of the
Superintendent of Police, Saharsa, along with the report dated
09.05.2026 of S.H.O., Jalai P.S., Saharsa, as well as the Death
Certificate issued on 24.01.2026, issued by Department of
Planning and Development, Government of Bihar, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Mohd. Akhatar, 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
disposed of.
Patna High Court CR. APP (DB) No.946 of 2011(3) dt.14-05-2026
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)
supratim/-
U T
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