Patna High Court
ASHIN MIANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Ashin Mian, filed a criminal appeal (DB) No.97 of 2005 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court, relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal cannot proceed. Consequently, the appeal was abated and 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 relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.97 of 2005
======================================================
Ashin Mian Son of Late Manni Mian, Resident at and P.O.- Narainpur, P.S.
Bihpur (Bhawanipur), Dist- Bhagalpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Surendra Pd.Singh 2, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 05-05-2026 Perused the Letter No. 191 dated 23.04.2026 of the
Superintendent of Police, Nawgachhiya along with the report
dated 22.04.2026 of the Police Inspector-cum-S.H.O.,
Bhawanipur P.S., wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Ashin Mian, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.97 of 2005(5) dt.05-05-2026
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)
guddukr/-
U T
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