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Patna High Court

Md. Tabarak @ Md. Tabarak MiyanversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of as the appellant is dead and no near relative has applied for leave to continue.

Summary

The appellant, Md. Tabarak, died during the pendency of a criminal appeal (Cr. App. No. 959 of 2015) before the Patna High Court. The court examined a letter from the Senior Superintendent of Police and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), a criminal proceeding abates if the accused dies and no near relative files an application to continue. Since no relative applied for leave to continue the appeal, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.959 of 2015
                   Arising Out of PS. Case No.-154 Year-2008 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Md. Tabarak @ Md. Tabarak Miyan, Son of Late Jitu Miyan, Resident of
                 Village- Taranwa, Police Station- Saheb Ganj, District- Muzaffarpur.

                                                                                  ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Birendra Kumar Singh, Adv.
                 For the Respondent/s     :       Mr. G. P. Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   14-05-2026                 Perused the Letter No. 98 dated 02.02.2026 of the

                   Senior Superintendent of Police, Muzaffarpur, along with the

                   report dated 31.01.2026 of S.H.O., Rajepur O.P., Sahebganj P.S.,

                   Muzaffarpur, as well as the Death Certificate issued on

                   07.02.2025,          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,

                   Md. Tabarak @ Md. Tabarak Miyan, 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
             Patna High Court CR. APP (DB) No.959 of 2015(4) dt.14-05-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       disposed of.

                                    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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