Patna High Court
BINDESHWARI MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue under the applicable statutory provision.
Summary
The appellant, Bindeshwari Mahto, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police reports and a death certificate. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court record to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Section 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.470 of 2005
======================================================
Bindeshwari Mahto, S/o Late Badri Mahto, R/o Village-Haripur, P.S.-Rosera,
Dist.-Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aditya Prakash Sahay, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
13 12-05-2026 Perused the Letter No. 851 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 08.02.2026 of Police Inspector-cum-S.H.O., Rosera P.S.,
Samastipur as well as the certificate of death dated 07.02.2026,
issued by Mukhiya of Gram Panchayat Raj Haripur, Block
Rosera, Samastipur, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Bindeshwari
Mahto, is dead.
2. In view of the said letters 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.470 of 2005(13) dt.12-05-2026
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)
supratim/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.