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Patna High Court

MANNA PATHAKversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC as no application for leave to continue was filed after the appellant's death.

Summary

The appellant Munna Pathak filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate. No near relative filed an application for leave to continue the appeal. The court examined the police report and the death certificate and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya 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. The trial court records were ordered to be sent back, and the appeal was disposed of.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no relative applies for leave to continue the appeal
  • Whether Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) applies in such circumstances

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.152 of 2004
                  ======================================================
                  Munna Pathak Son of Late Dina Nath Pathak, Resident of Village-Chhoti
                  Bhais Diyara, Police Station-Barari, District-Katihar.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :       Mr.Ajay Kumar 2, Advocate
                  For the Respondent/s    :       Mr.S.N. Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

17   01-05-2026                     Perused the Letter No. 97 dated 09.02.2026 of the

                    Superintendent of Police, Katihar along with the report of Police

                    Sub Inspector, Barari Police Station dated 07.02.2026, wherein

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

                    appellant Manna Pathak, has died. Certificate of death issued by

                    Ward Councillor of Ward No. 12, Gram Panchayat Raj-

                    Laxmipur, Block-Barari, District-Katihar has also been enclosed

                    with the said report.

                                   2. In view of the said letter 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
           Patna High Court CR. APP (DB) No.152 of 2004(17) dt.01-05-2026
                                                       2/2




                     disposed of.

                                  3. Let the trial court records be sent back to the

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



                                                         (Sangam Kumar Sahoo, CJ)



ranjan/-                                                         (Harish Kumar, J)

U


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