Patna High Court
KRISHNA MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it.
Summary
Krishna Mahto appealed against a conviction by the State of Bihar. While the appeal was pending, the Deputy Superintendent of Police filed an affidavit stating that the appellant had died. 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). It held that, in the absence of an application by a near relative for leave to continue the appeal, the appeal cannot proceed. Consequently, the appeal was deemed abated and was disposed of by the court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without a near relative seeking leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- section 394 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.513 of 1997
======================================================
Krishna Mahto, Son of Sri Dhanraj Prasad, Resident Of Village- Sherpur, P.S.
Harnaut, District-Nalanda.
... ... Appellant/s
Versus
The State Of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ambika Bhagat, Advocate
For the Respondent/s : Mr. Pp
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-02-2026 An affidavit has been filed by Mr. Ram Dular Prasad,
Deputy Superintendent of Police, Nalanda, wherein it is
mentioned that the appellant Krishna Mahto has died.
2. In view of the said affidavit 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.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
guddukr/-
U T
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