Patna High Court
BIRENDRA MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it.
Summary
The appellant, Birendra Mandar, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies to continue it. Since no near relative filed such an application, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC.
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.377 of 2006
======================================================
Birendra Mandal, Son of Banwari Mandal, Resident of Village-Chuna Kothi,
P.S.- Haveli Kharagpur, Dist.- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar Sinha 1, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
11 11-05-2026 Perused the Letter No. 561 dated 04.05.2026 of the
Superintendent of Police, Munger along with the Report dated
03.05.2026 of the Inspector of Police-cum-S.H.O., Haveli
Kharagpur Police Station as well as the Certificate of Death
dated 03.05.2026 of the Mukhiya of Gram Panchayat,
Ramnakabad East-13, Block- Haveli Kharagpur, Munger;
wherein it is indicated that the sole appellant, namely, Birendra
Mandal, is dead.
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
Patna High Court CR. APP (DB) No.377 of 2006(11) dt.11-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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