Patna High Court
SUNIL KUMAR MISHRA @ MANTOON MISHRAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant died and no relative applied for leave to continue.
Summary
The appellant, Sunil Kumar Mishra, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC Section 394
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1206 of 2006
======================================================
Sunil Kumar Mishra @ Mantoon Mishra, S/o Yogendra Mishra, R/o Village-
Surouli, P.S. Bibhutipur, District-Samastipur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Awanish Nandan Sinha, 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)
6 12-05-2026 Perused the Letter No. 897 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 08.05.2026 of S.H.O. Bibhutipur P.S., wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Sunil Kumar Mishra @ Mantoon Mishra, 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.1206 of 2006(6) 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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