Patna High Court
SHANKAR MANDAL and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (now Sec 435 B.N.S. 2023) because the appellants are dead and no near relative filed an application.
Summary
The appellants, Shankar Mandan and Sarjan Mandan, filed a criminal appeal (DB) No.46 of 1999 against the State of Bihar. While the appeal was pending, a police report revealed that both appellants had died. Under Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for leave to continue. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue when the appellant is deceased and no near relative applies for leave to continue the appeal 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.46 of 1999
======================================================
1. Shankar Mandal, Son of Chhedi Mandal, Resident of Village - Gonora
Badarpur, P.S. - Nath Nagar, District – Bhagalpur.
2. Sarjan Mandal, Son of Kameshwar Mandal, Resident of Village – Dighi,
P.S. Nath Nagar, District – Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiwesh Chandra Mishra, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
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. 484 dated 18.03.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report dated 18.03.2026 of the S.H.O., Madhusudan P.S.,
Bhagalpur, wherein it is indicated that during enquiry it came to
light that both the appellants, namely, Shankar Mandal and
Sarjan Mandal, are dead.
2. In view of the said report 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.46 of 1999(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)
guddukr/-
U T
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