Patna High Court
PANCHU MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal under Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Panchu Mandal, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Senior Superintendent of Police. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under the relevant procedural provision?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.449 of 2005
======================================================
Panchu Mandal, Son of Late Natu Mandal, Resident of Village-Mashadhu,
Police Station-Sabaur, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Jagnnath Singh, Advocate
For the Respondent/s : Mr.APP.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 645 dated 18.04.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of S.H.O., Sabaur Police Station dated 18.04.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Panchu Mandal has died.
2. In view of the said letter 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
disposed of.
Patna High Court CR. APP (DB) No.449 of 2005(5) dt.08-05-2026
2/2
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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