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Patna High Court

KARU MAHTO and ANRversusSTATE OF BIHAR and ANR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because no near relative applied for leave to continue the appeal after the death of the appellants.

Summary

The appellants, Karu Mahto and Bhagat Mahto, filed a criminal appeal (DB) No. 469 of 2007 before the Patna High Court. During the pendency of the appeal, the police investigation revealed that both appellants had died. No near relative filed an application seeking leave to continue the appeal on their behalf. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal cannot proceed. Consequently, the court ordered that the criminal appeal stand abated and be disposed of, and directed the trial court record to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal.

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure Code
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • continuation of appeal
  • legal representative

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.469 of 2007
                 ======================================================
                 1. Karu Mahto, Son of Sita Mahto
                 2. Bhagat Mahto, Son of Late Sita Ram Mahto
                 Both Resident of Village-Chilmi Koeri Bigha, P.S.-Madanpur, District-
                 Aurangabad.

                                                                        ... ... Appellant/s
                                                  Versus
                 1. The State of Bihar.
                 2. Ram Pukar Yadav, Son of Keshwar Yadav, Resident of Village-Jamunia,
                 P.S.-Madanpur, District-Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. R.K.Singh, Advocate
                 For the Respondent/s   :     Mr. App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 407 dated 10.02.2026 of the

                   Deputy Superintendent of Police, Aurangabad along with the

                   Report dated 09.02.2026 of the Police Inspector-cum-S.H.O,

                   Madanpur Police Station, Aurangabad, wherein it is indicated

                   that during enquiry it came to light that both the appellants,

                   namely, Karu Mahto and Bhagat Mahto, 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

                   continue the appeal, the Criminal Appeal stands abated and
         Patna High Court CR. APP (DB) No.469 of 2007(3) dt.01-05-2026
                                                     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)
Neha/-

U


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