Patna High Court
HALDHAR MANJHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal under the relevant statutory provision.
Summary
The appellant, Haldhar Manjhi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Gram Panchayat Mukhiya. No near relative filed an application for leave to continue the appeal after his death. 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 for abatement of proceedings upon the death of a party when no application is made. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of. The trial court records were directed to be sent back to the concerned court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative applies for leave to continue the appeal?
- Does Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandate abatement of the appeal in such circumstances?
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.412 of 2009
======================================================
Haldhar Manjhi, Son of Late Kesho Manjhi, Resident of Village-Gowabakhar,
Police Station-Banka, District-Banka.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Mukherjee, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 948 dated 08.05.2026 of the
Superintendent of Police, Banka along with the report of Police
Inspector cum S.H.O., Banka Police Station dated 04.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Haldhar Manjhi has died. Certificate of death
issued by Mukhiya of Gram Panchayat Domuhan,
Block+District-Banka, has also been enclosed with the said
report.
2. In view of the said letters 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.412 of 2009(3) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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