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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

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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