Patna High Court
PRABHU MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 CrPC as no near relative applied for leave to continue it.
Summary
The appellant, Prabhu Mandan, was found to be deceased during the pendency of his criminal appeal against the State of Bihar. The court examined a letter from the Superintendent of Police and reports from the investigating officer and the village Mukhiya confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was 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 appellant's death without a relative's application under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.458 of 2001
======================================================
Prabhu Mandal, Son of Bhaso Mandal, resident of Villaga- Brahm Asthan,
P.S.- Bariarpur, District - Munger
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjeev Ranjan, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 03-04-2026 Perused the Letter No. 240 dated 21.02.2026 of the
Superintendent of Police, Munger along with the Report dated
20.02.2026 of Inspector of Police-cum-S.H.O., Bariyarpur
Police Station as well as the Report dated 09.03.2025 of the
Mukhiya of the Gram Panchayat, Bariyarpur North (Area No.
4), Block- Bariyarpur, Munger; wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Prabhu Mandal, is 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
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.458 of 2001(4) dt.03-04-2026
2/2
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)
shivank/-
U
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