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