Patna High Court
MUNDRIKA BHATTversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Mundrika Bhatt, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died and a death certificate was produced by the police. The court examined the police report and noted that under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue it. No such application was filed. Consequently, 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 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
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.551 of 2001
======================================================
Mundrika Bhatt, Son Of Late- Surith Bhatt, Resident Of Village- Bal Bandh,
P.S. Charpokhari, District- Bhojpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ram Sumiran Singh, Advocate
Mr. Virendra Kumar Ray, Advocate
For the Respondent/s : Mr. Bipin Kumar, 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. 266 dated 15.02.2026 of
the Superintendent of Police, Bhojpur, Arrah along with the
report dated 07.02.2026 of the Police-Inspector-cum-S.H.O.,
Charpokhri P.S., wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Mundrika Bhatt, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.551 of 2001(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)
guddukr/-
U T
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