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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

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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