Patna High Court
MAHENDRA MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative filed an application for leave to continue, as mandated by Section 394 CrPC (Sec. 435 BNS).
Summary
The appellant Mahendra Mandal filed a criminal appeal (DB) No.316 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate issued by the village Sarpanch. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the court held that the appeal stood abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 BNS)?
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.316 of 2008
======================================================
Mahendra Mandal, son of Lalai Mandal, resident of village-Biharipur, Police
Station-Nathnagar, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhola Prasad, Advocate
For the Respondent/s : Mr.Abhimanyu Sharm, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 769 dated 09.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of Police Sub Inspector, Madhusudanpur Police Station
dated 29.04.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Mahendra Mandal, has died.
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
disposed of. Certificate of death issued by Sarpanch of Gram
Kachahari, Block-Nathnagar, District-Bhagalpur has also been
enclosed with the said report.
Patna High Court CR. APP (DB) No.316 of 2008(4) dt.07-05-2026
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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