Patna High Court
MD.BASIR @ SK.BASIRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of as the appellant is deceased and no near relative has applied for leave to continue.
Summary
The appellant, Md. Basir, died during the pendency of his criminal appeal, as evidenced by a death certificate attached to police reports. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant is deceased and no relative seeks continuation. Accordingly, the Court held that the appeal could not proceed and was abated. The trial court record was ordered to be sent back to the lower court for any further necessary action.
Issues considered
- Whether a criminal appeal stands abated when the appellant dies and no relative applies for leave to continue the appeal
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of Appellant
- Procedural Law
- Section 394 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.981 of 2006
======================================================
Md. Basir @ Sk. Basir S/o Late Sk. Basarat, R/o- Vill.- Hingna Hat, P.S.-
Bhargama, District- Araria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ramesh Kumar Singh, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 03.05.2026 of the
Superintendent of Police, Araria along with the report dated
30.04.2026 of the S.H.O., Bhargama P.S., wherein it is indicated
that during enquiry, it came to light that the sole appellant,
namely, Md. Basir @ Sk. Basir is dead and the death certificate
of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.981 of 2006(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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