Patna High Court
HARI MAHALDARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Hari Mahaldar, died during the pendency of Criminal Appeal No. 532 of 2004 before the Patna High Court. The court examined a letter from the Senior Superintendent of Police and a police report confirming the appellant's death. The issue was whether the appeal could continue in the absence of a near relative filing an application for leave to continue. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no relative applies. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- section 394
- section 435
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.532 of 2004
======================================================
Hari Mahaldar, Son of Late Nago Mahaldar, Resident of Village-Akbarnagar,
Police Station-Akbarnagar, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs.Archana Meenakshee, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 511 dated 22.03.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of Sub Inspector of Police cum S.H.O., Akbarnagar
Police Station dated 11.03.2026, wherein it is indicated that
during enquiry it came to light that the sole appellant Hari
Mahaldar has died.
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 records be sent back to the
Patna High Court CR. APP (DB) No.532 of 2004(4) dt.08-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.