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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
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