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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

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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