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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

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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