Patna High Court
SANJEET KUMAR MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as per Section 394 CrPC/Section 435 BNSS.
Summary
The appellant, Sanjeet Kumar Mandal, filed a criminal appeal (DB) No.261 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. No near relative filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was deemed abated. The appeal was therefore disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no relative applies for leave 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
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.261 of 2004
======================================================
Sanjeet Kumar Mandal, Son of Sri Jay Prakash mandal, Resident of Village-
Bounsi, Police Station-Bounsi, District-Banka.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md.Nurul Hoda, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 08-05-2026 Perused the Letter No. 747 dated 02.05.2026 of the
Superintendent of Police, Banka along with the report of S.H.O.,
Baounsi Police Station dated 30.4.2026, wherein it is indicated
that during enquiry it came to light that the sole appellant
Sanjeet Kumar Mandal has died. Certificate of death issued by
Ward Councillor of Ward No. 19, Nagar Panchayat, Baunsi,
Banka has also been enclosed with the said report.
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.261 of 2004(9) dt.08-05-2026
2/2
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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