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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

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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