Patna High Court
RAJENDRA MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Rajendra Mandal, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by letters and reports from the Superintendent of Police, S.H.O., and the village Sarpanch. The court examined the effect of the appellant’s death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was deemed abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the legal consequence of the death of an appellant in a pending criminal appeal when no near relative seeks leave to continue the appeal?
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.473 of 2006
======================================================
Rajendra Mandal, Son of Kailash Mandal, Resident of Village-Kanowa,
Police Station-Sonbarsa, District-Shaharsa.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Bhushan Das, Adv.
For the Respondent/s : Mr. Sanjeev Kumar Varma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-05-2026 Perused the Letter No. 550 dated 10.05.2026 of the
Superintendent of Police, Saharsa along with the Report dated
10.05.2026 of S.H.O., Sonbarsa Raj P.S., Saharsa as well as the
Report dated 10.05.2026 issued by the Sarpanch, Gram
Panchayat, Khajuraha, wherein it is indicated that the sole
appellant, namely, Rajendra Mandal 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.473 of 2006(3) dt.14-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
Anjani/-
U T
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