Patna High Court
MAHAVIR TATAMA and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provisions.
Summary
The appellants Mahavir Tatama, Chandeshwari Tatma and Mushaharu Tatma filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that all three appellants had died. The court examined whether the appeal could continue in the absence of the appellants and without any near relative filing an application for leave to continue. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative seeks permission to proceed. Consequently, the appeal was deemed abated and disposed of.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased and no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- Criminal Appeal
- Abatement
- Section 394 CrPC
- Death of parties
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.455 of 2004
======================================================
1. Mahavir Tatama.
2. Chandeshwari Tatma, Both Sons Of Late Buchai Das @ Tatma.
3. Mushaharu Tatma, Son Of Late Puhuplal Das @ Tatma, All Residents Of
Village- Lalganj Tilathi, Police Station- Chhatpur, District- Supaul (Erst
While Saharsa).
... ... Appellant/s
Versus
1. The State Of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amrendra Kumar Sinha, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-02-2026 Perused Letter No.202 dated 08.02.2026 issued by
the Superintendent of Police, Supaul, wherein it is stated that,
during enquiry, it came to light that all the three appellants,
namely, Mahavir Tatama, Chandeshwari Tatma and Mushaharu
Tatma are dead.
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
Patna High Court CR. APP (DB) No.455 of 2004(4) dt.13-02-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
guddukr/-
U T
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