Patna High Court
SANTOSH MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.
Summary
The appellant, Santosh Mahto, filed a criminal appeal (Cr. App. No.447 of 2012) against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter, an inspector's report, and a death certificate. The court examined whether the appeal could continue in the absence of a surviving appellant or any relative filing a request to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (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 seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- The appeal can continue after the death of the appellant if no near relative files an application for leave to proceed.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.447 of 2012
Arising Out of PS. Case No.-15 Year-2009 Thana- BIBHUTIPUR District- Samastipur
======================================================
Santosh Mahto, S/O Raju Mahto @ Ram Udgar Mahto, R/O Village - Boriya,
P.S. Bibhutipur, District - Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bijay Bhushan Prasad, Adv.
For the Respondent/s : Mr. S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 618 dated 04.05.2026 of the
Superintendent of Police, Samastipur along with the Report
dated 02.05.2026 of Inspector of Police-cum-S.H.O, Bibhutipur
Police Station, Samastipur as well as the Death Certificate dated
15.07.2012 issued by Department of Planning and
Development, Government of Bihar; wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Santosh Mahto, is dead.
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
Patna High Court CR. APP (DB) No.447 of 2012(4) dt.08-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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