Patna High Court
KANTLAL MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Kantlal Mahto, filed a criminal appeal before the Patna High Court. While the appeal was pending, the appellant died, and a death certificate was produced by the police. The court examined the reports of the Superintendent of Police and the Police Inspector confirming the death. The issue before the court was whether the appeal could proceed in the absence of any application by a near relative to continue it. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates when the appellant dies and no relative seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative files an application 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.371 of 2010
======================================================
Kantlal Mahto, Son Of Late Ram Swarup Mahto, Resident Of Village-
Udaypur, P.S.- Bakhari, District- Begusarai
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr.Amit Kumar, Advocate
For the Respondent : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the report dated 29.04.2026 of the
Superintendent of Police, Begusarai along with the report dated
28.04.2026 of the Police Inspector-cum-S.H.O., Bakhari Police
Station, Begusarai, which indicate that the sole appellant Kantlal
Mahto is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports 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.371 of 2010(5) dt.08-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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