Patna High Court
MAHENDRA RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, as per Section 394 of the CrPC (Section 435 of the BNSS, 2023).
Summary
The appellant Mahendra Rai filed a criminal appeal (DB) No.48 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by letters from the Superintendent of Police, the SHO, and a death certificate issued by the Gram Panchayat. 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 stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for 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
- Section 435 BNSS 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.48 of 2008
======================================================
Mahendra Rai, S/o Shri Amvika Rai, R/o Village-Majhauliya, P.S.-Mehasi,
Dist.-East Champaran
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhavesh Kumar, Adv.
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 841 dated 04.05.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the report dated 04.05.2026 of S.H.O., Jaibajrang P.S., East
Champaran, Motihari as well as the certificate of death dated
04.05.2026, issued by the Mukhiya, Gram Panchayat, Raj
Partapur, Block-Mehsi, East Champaran, wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Mahendra Rai, 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.48 of 2008(4) dt.11-05-2026
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 T
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