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Patna High Court

GHOLAT MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Gholat Mahto, filed a criminal appeal which was pending when he died. The police report and death certificate confirmed his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and is disposed of, and directed the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.1055 of 2007
                 ======================================================
                 Gholat Mahto, S/o Tero Mahto, R/o Village-Rahta, P.S. Uda Kishanganj, in
                 the district of Madhepura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashutosh Kumar, Adv.
                 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   12-05-2026                 Perused the Letter No. 808 dated 05.05.2026 of the

                   Superintendent of Police, Madhepura along with the report

                   dated       05.05.2026      of      Police     Inspector-cum-S.H.O.

                   Udakishunganj P.S., wherein it is indicated that during enquiry,

                   it came to light that the sole appellant, namely, Gholat Mahto, 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.
              Patna High Court CR. APP (DB) No.1055 of 2007(5) dt.12-05-2026
                                                          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)
rohit/-

U         T


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