Patna High Court
PRAKASH MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a relative.
Summary
The appellant Prakash Mandal filed a criminal appeal, but during the pendency of the appeal he died, as confirmed by a death certificate and police reports. The court examined whether the appeal could continue in the absence of any application by a near relative for leave to proceed. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- death of appellant
- abated appeal
- Criminal Procedure
- Section 394
- Section 435
- appeal abatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1055 of 2006
======================================================
Prakash Mandal son of Anandi Das, resident of Village-Dhamahra, Police
Station-Mansi, District-Khagaria.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhim Kumar Yadav, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 06-05-2026 Perused the Letter No. 451 dated 28.04.2026 of the
Superintendent of Police, Khagaria along with the report of
SHO, Manasi Police Station dated 27.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Prakash Mandal, has died. Certificate of death issued
by Mukhiya of Gram Panchayat Raj, Sarsawa, Block-Chautham,
Khagaria has also been enclosed with the said report.
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.1055 of 2006(5) dt.06-05-2026
2/2
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)
guddukr/-
U
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