Patna High Court
BALDEO MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Baldeo Mahto, filed a criminal appeal (Cr. App. DB No.1201 of 2011) arising from a 2004 case. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court held that an appeal abates if no relative seeks leave to continue it. Consequently, the appeal was abated and the matter was disposed of, with the trial court record to be returned to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1201 of 2011
Arising Out of PS. Case No.-122 Year-2004 Thana- DEHRI TOWN District- Rohtas
======================================================
Baldeo Mahto Late Rupu Mahto Vill Tendua Dusadhi Ps Dehri Rohtas At
Sasaram
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar @ Manu, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 370 dated 17.02.2026 of the
Superintendent of Police, Rohtas along with the report dated
13.02.2026 of the Sub Inspector of Police., Dihri (Muffassil)
P.S., Rohtas, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Baldeo 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 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
Patna High Court CR. APP (DB) No.1201 of 2011(4) dt.11-05-2026
2/2
disposed of.
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)
guddukr/-
U T
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