Patna High Court
MOBIN ANSARI @ MD.MOBIN ANSARIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue it.
Summary
The appellant Mobin Ansari filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied 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 on the death of the appellant if no relative seeks its continuation. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal under Section 394 CrPC?
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.971 of 2008
======================================================
Mobin Ansari @ Md. Mobin Ansari, Son of Late Md. Salu Ansari, Resident
of Village-Jaipur, Police Station-Dhoraiya, District-Banka.
... ... Appellant/s
Versus
State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Najmul Hoda, Advocate
For the Respondent/s : Mr.Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 735 dated 02.05.2026 of the
Superintendent of Police, Banka along with the report of Police
Inspector cum S.H.O., Dhoraiya, Banka dated 30.04.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Mobin Ansari @ Md. Mobin Ansari has died.
Death certificate of the appellant issued by Department of
Planning and Development, Government of Bihar, Patna has
also been enclosed with the said report.
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
Patna High Court CR. APP (DB) No.971 of 2008(4) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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