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Patna High Court

SURESH MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Suresh Mahto, filed a criminal appeal (DB) No.167 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as evidenced by a police letter and a death certificate. The Court examined 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 near relative applies to continue the case. Since no relative filed an application for leave to continue, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no near relative seeks to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.167 of 2007
                 ======================================================
                 Suresh Mahto, S/O Late Narayan Mahto, resident of Village-Bishnupur, P.S.-
                 Town Begusarai (Bahor-Sukun Tola), District-Begusarai.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nakul Kumar Jamuar, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   06-05-2026                    Perused the Letter No. 985 dated 26.04.2026 of the

                   Superintendent of Police, Begusarai, along with the Report

                   dated 25.04.2026 of the Police Inspector-cum-S.H.O., Town

                   Police Station, Begusarai as well as the Death Certificate, which

                   was issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Suresh Mahto, is

                   dead.

                               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.167 of 2007(3) dt.06-05-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back to the

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



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
guddukr/-

U


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