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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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