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Patna High Court

MAHIPAT HAZRAversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of because the appellant died and no near relative applied for leave to continue under the relevant statutory provision.

Summary

Mahipat Hazra filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no 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

  • What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal under the applicable procedural law?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.398 of 1999
                 ======================================================
                 Mahipat Hazra, S/o Nathu Hazra, resident of Village Semari, P.S. Sathi,
                 District West Champaran

                                                                            ... ... Appellant
                                                  Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant    :       Mr.Ram Adya Singh, Advocate
                 For the Respondent   :       Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                 This matter is specially notified by the order of this

                   Court.

                               2. Perused the Letter No. 144 dated 09.02.2026 of the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   the report dated 07.02.2026 of the Sub Inspector of Police-cum-

                   S.H.O., Sathi, wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Mahipat Hazra is dead

                   and the death certificate of the appellant is annexed with the

                   said report.

                               3. In view of the said report 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
           Patna High Court CR. APP (DB) No.398 of 1999(3) dt.24-04-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                  4. Let the trial court record be sent back to the

                     concerned court immediately, if not required in any other case.



                                                   (Sangam Kumar Sahoo, CJ)


                                                       (Harish Kumar, J)
P.K.P./-

U


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