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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

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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