Patna High Court
JAI PRAKASH MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no relative sought leave to continue.
Summary
The appellant, Jai Prakash Mandar, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the court learned from a police report that the appellant had died, and a death certificate was attached. 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 Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal cannot proceed. Consequently, the appeal was abated and disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under Section 394 CrPC.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1249 of 2008
======================================================
Jai Prakash Mandal son of Late Puran Mandal resident of village- Bhuwalpur,
p.s.- Nathnagar, District - Bhagalpur
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Indrajeet Bhushan, Advocate
For the Respondent/s : Mr. A.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 753 dated 29.04.2026 of the
Senior Superintendent of Police, Bhagalpur, along with the
report dated 29.04.2026 of the Police Inspector-cum-S.H.O.,
Bhagalpur P.S., wherein it is indicated that during enquiry, it
came to light that the sole appellant, namely, Jai Prakash
Mandal, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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.1249 of 2008(3) dt.08-05-2026
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)
shailendra/-
U T
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