Patna High Court
Mahesh MandalversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Mahesh Mandal, filed a criminal appeal (DB) No.46 of 2015. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Superintendent of Police and the investigating officer. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a near relative applies for leave to continue. No such application was filed by any near relative. Consequently, the court held that the appeal stood abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative seeks leave to continue the appeal under Section 394 CrPC (or Section 435 BNSS 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.46 of 2015
Arising Out of PS. Case No.-241 Year-2006 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Mahesh Mandal Son of Late Banbari Mandal resident of village - Satghara,
P.S. Habibpur, District - Bhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Ravi Prakash Dwivedi, Advocate
Mr. Saurabh Raj, Advocate
Mr. Nihar Mandal Ambasta, Advocate
For the Respondent : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-03-2026 Perused Letter No. 214 dated 09.02.2026 of the Sr.
Superintendent of Police, Bhagalpur along with the report of
Inspector of Police-cum-S.H.O., Habibpur Police Station dated
09.02.2026, wherein it is indicated that during the enquiry it
came to light that the sole appellant, namely Mahesh Mandal, is
dead.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Patna High Court CR. APP (DB) No.46 of 2015(3) dt.13-03-2026
2/2
Criminal Appeal stands abated and is accordingly disposed of.
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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