Patna High Court
RAJENDRA MAHTO and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as no near relative applied for leave to continue the appeal after the death of the appellants.
Summary
The appellants, Rajendra Mahto and Makun Mahto, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that both appellants had died, and death certificates were produced. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed and was therefore abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- The appeal can continue despite the death of the appellant(s) when no relative seeks leave to proceed.
Legislation cited
- Bhartiya 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.1052 of 2008
======================================================
1. Rajendra Mahto, S/o late Aklu Mahto
2. Makun Mahto, S/o late Nanku @ Nanki Mahto
Both R/o Vill. Sherpur Narsari Barbatta, P.S. Sarairanjan, District Samastipur
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sachchidanand Choudhary, Advocate
For the Respondent/s : Mr. G.P. Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 469 dated 26.04.2026 of the
Superintendent of Police, Samastipur along with the report
dated 24.04.2026 of the Assistant Superintendent of Police
-cum-S.H.O., Sarairanjan, wherein it is indicated that during
enquiry, it came to light that both the appellants, namely,
Rajendra Mahto and Makun Mahto, are dead and the death
certificate of both the appellants 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 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
Patna High Court CR. APP (DB) No.1052 of 2008(3) dt.08-05-2026
2/2
disposed of.
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)
shailendra/-
U T
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