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Patna High Court

JOYTISH MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of under Section 394 CrPC (now Section 435 B.N.S. 2023).

Summary

Joytish Mahto filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced. The court examined the letters from the Superintendent of Police and the police inspector confirming the death. Relying on Section 394 of the Code of Criminal Procedure (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no near relative applies for leave to continue. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back.

Issues considered

  • Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application for leave to continue?

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.424 of 2009
                 ======================================================
                 Joytish Mahto, Son of Late Pancha Nand Mahto, Resident of Village-
                 Gowabakhar, Police Station-Banka, District-Banka.

                                                                                ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr. Sita Ram Yadav, Advocate
                 For the Respondent/s     :      Mr.G.P.Jaiswal, 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. 951 dated 08.05.2026 of the

                   Superintendent of Police, Banka along with the report of Police

                   Inspector cum S.H.O., Banka Police Station, Banka dated

                   04.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Joytish Mahto has died. Death

                   Certificate of the appellant issued by Department of Planning

                   and Development, Government of Bihar, Patna, 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.424 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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