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Patna High Court

JAGGU MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue it.

Summary

The appellant, Jaggu Mahto, died during the pendency of his criminal appeal. The police submitted a death certificate confirming his demise. The court examined the reports and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the court ordered the appeal to be abated and disposed of, and directed the trial court record to be sent back to the lower court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no relative files an application to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita Section 435
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.158 of 2007
                 ======================================================
                 Jaggu Mahto, son of late Budhu Mahto, resident of Village- Tara Dhamun,
                 P.S. Patory, District- Samastipur

                                                                               ... ... Appellant
                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Ajoy Kumar Mathur, Advocate
                 For the Respondent    :
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused     the    report      dated   09.05.2026     of    the

                   Superintendent of Police, Samastipur along with the report

                   dated 07.05.2026 of the Sub-Inspector of Police, Patori Police

                   Station, Samastipur, which indicate that the sole appellant Jaggu

                   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 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.158 of 2007(3) dt.13-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

U


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