Patna High Court
RAM RAJ MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated under Section 394 CrPC (Section 435 B.N.S. 2023) as the appellant is dead and no relative has applied for leave to continue.
Summary
The appellant, Ram Raj Mandal, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police discovered that the appellant had died, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the accused dies and no one seeks to continue. Accordingly, the Court held that the appeal stands abated. The trial court record was ordered to be sent back to the concerned court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no relative applies for leave to continue?
- Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement of the appeal in such circumstances?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.55 of 2009
======================================================
Ram Raj Mandal, S/o late Shiv Nandan Mandal, R/o Vill. Barari under P.S.
Barari, District – Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Indeshwari Prasad Mandal, Advocate
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)
3 08-05-2026 Perused the Letter No. 743 dated 29.04.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report dated 25.04.2026 of the Sub-Inspector of Police-cum-
S.H.O., Barari P.S., wherein it is indicated that during enquiry,
it came to light that the sole appellant, namely, Ram Raj
Mandal, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.55 of 2009(3) dt.08-05-2026
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)
shailendra/-
U T
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