Patna High Court
GHANSHYAM MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellant and the absence of any application to continue the appeal.
Summary
The appellant, Ghanshyam Mandal, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. 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 Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of a petition to continue, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and be disposed of, and directed the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1144 of 2006
======================================================
Ghanshyam Mandal, son of Late Deo Saran Mandal, resident of Village-
Athania Diara, P.S.- Pirpaity, Distt.- Bhagalpur, at present Village- Katoria,
P.S. Kahalgaon (Rasalpur), District- Bhagalpur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Diwakar Prasad Karn, Advocate
For the Respondent :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 03.05.2026 of the Senior
Superintendent of Police, Bhagalpur along with the report dated
03.05.2026 of the S.H.O., Rasalpur Police Station, which
indicate that the sole appellant Ghanshyam Mandal 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 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.1144 of 2006(3) dt.13-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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