Patna High Court
HARI MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant Hari Mahto filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate and police reports. The court examined a letter from the Senior Superintendent of Police and the SHO's report confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.
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.238 of 2004
======================================================
Hari Mahto Son of Late Bharat Mahto, Resident of Village-Kasanraini, Police
Station-Keoti, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Prem Kumar Jha, Advocate
Mr. Rajesh Kumar Jha, Advocate
For the Respondent/s : Mr.Anjani Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 01-05-2026 Perused the Letter No. 154 dated 09.02.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of SHO, Keoti Police Station dated 09.02.2026, wherein
it is indicated that during enquiry it came to light that the sole
appellant Hari Mahto, has died. Certificate of death issued by
Sarpanch, Village and Post-Sonhan, Police Station-Keoti,
Darbhanga 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.238 of 2004(7) 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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