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Patna High Court

KHEDU MAHTO @ KHEDU NONIAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as the appellant died and no relative applied for leave to continue the appeal.

Summary

The appellant, Khedu Mahto, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of a party. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court records to be returned to the lower court.

Issues considered

  • Whether a criminal appeal stands abated on the death of the appellant under Section 394 CrPC/Section 435 BNSS when no relative seeks leave to continue the appeal.

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of Appellant
  • Section 394 CrPC
  • Procedural Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.165 of 2002
                 ======================================================
                 Khedu Mahto @ Khedu Nonia, Son of Late Kolai Mahto, Resident of Village-
                 Parariya, P.S.-Shikarpur, District-West Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Umesh Chandra Verma, Advocate
                 For the Respondent/s    :       Mr. Binod Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   01-05-2026                    Perused the Letter No. 146 dated 09.02.2026 of the

                   Superintendent of Police, West Champaran, Bettiah along with

                   the report of Police Sub Inspector, Shikarpur, Police Station dated

                   31.01.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Khedu Mahto @ Khedu Nonia, has

                   died. Certificate of death issued by Mukhiya of Gram Panchayat

                   Raj- Kurkura, Block-Narkatiaganj, West Champaran, Bettiah

                   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.165 of 2002(5) 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)



                                                                 (Harish Kumar, J)
ranjan/-

U


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