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Patna High Court

Ravindra ManjhiversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Ravindra Manjhi, filed a criminal appeal (DB) No.1007 of 2015 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the letter from the Senior Superintendent of Police and the report of the Sub‑Inspector, and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant when no relative files an application for leave to continue the appeal.

Legislation cited

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.1007 of 2015
                        Arising Out of PS. Case No.-31 Year-2012 Thana- DAUDPUR District- Saran
                  ======================================================
                  Ravindra Manjhi Son of late Rameshwar Manjhi Resident of Village- Lejhan,
                  P.s Baubpur, District Saran.

                                                                                   ... ... Appellant/s
                                                       Versus
                  The State Of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Choudhary Shyam Nandan, Advocate
                  For the Respondent/s   :        Mr. Binod Bihari Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

10   24-04-2026                    Perused the Letter No. 357 dated 17.02.2026 of the

                    Senior Superintendent of Police, Saran along with the Report

                    dated 16.02.2026 of the Sub-Inspector of Police-cum-S.H.O,

                    Daudpur Police Station, Saran, wherein it is indicated that

                    during enquiry it came to light that the sole appellant, namely,

                    Ravindra Manjhi, is dead.

                                2. In view of the said letter 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.1007 of 2015(10) dt.24-04-2026
                                                     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)
Neha/-

U


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