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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

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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