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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

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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