Created by Fuzzy Cloud

Patna High Court

SURESH MANDAL @ SURO MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it after the appellant's death.

Summary

The appellant, Suresh Mandal, died during the pendency of his criminal appeal, and a death certificate was produced. The court examined the police report confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Can a criminal appeal continue after the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023)?
  • Is an application by a near relative required to seek leave to continue the appeal after the appellant's death?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S.
  • procedural law
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1259 of 2008
                 ======================================================
                 Suresh Mandal @ Suro Mandal, Son Of Sri Kesho Mandal Village- Dimaha,
                 P.S.- Gopalpur (Ismalpur) District- Bhagalpur.

                                                                            ... ... Appellant/s
                                                    Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr.Rajesh Kumar Pandey, Advocate
                 For the Respondent/s     :     Mr. Abhimanyu Sharma, App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   06-05-2026                          Perused the Letter No. 200 dated 25.04.2026 of

                   the Superintendent of Police, Nawgachhiya along with the

                   report dated 24.04.2026 of the Police Inspector-cum-S.H.O.,

                   Ismalpur P.S., wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Suresh Mandal @ Suro

                   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 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.1259 of 2008(8) dt.06-05-2026
                                                        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)
guddukr/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.