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Patna High Court

ARJUN MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of when the sole appellant dies and no near relative seeks leave to continue the appeal under Section 394 CrPC/Section 435 BNSS 2023.

Summary

Arjun Mahto had filed Criminal Appeal (DB) No.129 of 1997 against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973, now mirrored in Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the abatement of appeals upon the death of a sole appellant. No near relative filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was therefore abated. The trial court record was ordered to be sent back to the lower court, and the appeal was disposed of.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the sole appellant when no near relative applies for leave to continue the appeal under the relevant procedural provision.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • CrPC
  • BNSS 2023

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.129 of 1997
                 ======================================================
                 Arjun Mahto, S/o Jamuna Mahto, R/o Village-Girdharpur, P.S. Birpur
                 (Barhia), District-Munger (now Lakhisarai)

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Indu Bhushan , Adv.
                 For the Respondent/s   :     Mr. Sujit Kumar Singh, 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. 674 dated 06.05.2026 of the

                   Superintendent of Police, Lakhisarai along with the report dated

                   05.05.2026 of S.H.O. P.S. Virpur, Lakhisarai wherein it is

                   indicated that during enquiry, it came to light that the sole

                   appellant, namely, Arjun 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 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.

                               3. Let the trial court record be sent back to the
              Patna High Court CR. APP (DB) No.129 of 1997(4) dt.11-05-2026
                                                          2/2




                        concerned court immediately, if not required in any other cases.



                                             (Sangam Kumar Sahoo, CJ)


                                                    ( Harish Kumar, J)
rohit/-

U         T


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