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