Patna High Court
Indal MehtaversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
Kalpana Kumari filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. Under Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. Since no such application was filed, the High Court held that the appeal stands abated. Consequently, the appeal was disposed of without further hearing.
Issues considered
- Whether a criminal appeal can continue after the death of the 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
- procedural law
- section 394 CrPC
- section 435 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.264 of 2008
======================================================
Kalpana Kumari, Wife Of Late Rupesh Mandal, R/O Village- Gachiya P.S.
Dhoraliya, District-Banka.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Awadhesh Kr.Singh, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
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. 737 dated 02.05.2026 of the
Superintendent of Police, Banka along with the report dated
28.04.2026 of the Sub-Inspector, Rajoun P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Kalpana Kumari, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said report 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.264 of 2008(3) dt.06-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
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