Patna High Court
BHUDEO SAH @ MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Bhudeo Sah, filed a criminal appeal (DB) No.378 of 2003 before the Patna High Court. While the appeal was pending, 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 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- What is the appropriate procedural consequence when an appellant dies before a criminal appeal is decided and no near relative seeks leave to continue the appeal?
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.378 of 2003
======================================================
Bhudeo Sah @ Mandal, Son of Nunu Sah, Resident of Village- Dhoraiya,
P.S.- Dhoraiya, Dist.- Banka.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Mukherjee, Adv.
For the Respondent/s : Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 11-05-2026 Perused the Letter No. 928 dated 05.05.2026 of the
Superintendent of Police, Banka along with the Report dated
05.05.2026 of the Sub-Inspector of Police-cum-S.H.O.,
Dhoraiya Police Station as well as the Death Certificate dated
02.07.2021 issued by the Department of Planning and
Development, Government of Bihar; wherein it is indicated that
the sole appellant, namely, Bhudeo Sah @ 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
disposed of.
Patna High Court CR. APP (DB) No.378 of 2003(5) dt.11-05-2026
2/2
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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