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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

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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