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