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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

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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