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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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