Patna High Court
DAMODAR MAHTONversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no relative applied for leave to continue.
Summary
The appellant, Damodar Mahton, filed a criminal appeal (DB) No.528 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and a police report. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
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
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.528 of 2008
======================================================
Damodar Mahton son of Sukkar Mahto, R/o Village-Basgarha, Police Station-
Medni Chour, District-Lakhisarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Kumar, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 596 dated 30.04.2026 of the
Superintendent of Police, Lakhisarai along with the report of
S.H.O., Medni Chowki Police Station, wherein it is indicated
that during enquiry it came to light that the sole appellant
Damodar Mahton, has died. Certificate of death issued by Ward
Member of Ward No. 2, Gram Panchayat Raj, Banshipur,
Suryagarha, has also been enclosed with the said report.
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
disposed of.
Patna High Court CR. APP (DB) No.528 of 2008(4) dt.07-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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