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Patna High Court

DHARMENDRA MANDALversusTHE STATE 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, Dharmendra Mandal, filed a criminal appeal (DB) No. 498 of 2011 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of a party. 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 declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Does the death of an appellant automatically abate a criminal appeal under the procedural law?
  • Is the filing of an application by a near relative required to continue the appeal after the appellant's death?

Legislation cited

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.498 of 2011
                 ======================================================
                 Dharmendra Mandal S/O Lakhan Mandal Resident Of Village- Madrauni,
                 P.S.- Dhamdaha, District- Purnea


                                                                           ... ... Appellant/s

                                                  Versus

                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ranjeet Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. Sujit Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   26-05-2026                   Perused the Letter No. 751 dated 17.05.2026 of the

                   Superintendent of Police, Purnea along with the Report dated

                   09.05.2026 of the S.H.O, Dhamdaha Police Station, Purnea,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Dharmendra Mandal, is 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.498 of 2011(5) dt.26-05-2026
                                                     2/2




                   disposed of.

                                3. Let the trial court records 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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