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