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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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