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Patna High Court

LAKHAN MAHTONversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Lakhan Mahton, filed a criminal appeal (DB) No.225 of 2003 before the Patna High Court. During the pendency of the appeal, the court received a letter and police report confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue the appeal. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed?

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.225 of 2003
                 ======================================================
                 Lakhan Mahton, Son of Late Tilo Mahto, Resident of Village-Balha, Police
                 Station-Neemchand Pura, District-Begusarai.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Abul Kalam, 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   08-05-2026                    Perused the Letter No. 433 dated 13.02.2026 of the

                   Superintendent of Police, Begusarai along with the Report dated

                   13.02.2026 of the Police Inspector-cum-S.H.O, Dandari Police

                   Station, Begusarai, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Lakhan Mahton, is

                   dead.

                               2. In view of the said letters 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.
            Patna High Court CR. APP (DB) No.225 of 2003(3) dt.08-05-2026
                                                        2/2




                                   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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