Patna High Court
NEPALI MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of as no near relative filed an application to continue it.
Summary
The appellant, Nepali Mandar, died before the conclusion of his criminal appeal against the State of Bihar. The court examined a letter from the Superintendent of Police confirming his death, along with a police report. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court noted that no near relative had applied for leave to continue the appeal. Consequently, the appeal could not proceed. The court therefore held that the appeal stands abated and ordered its disposal.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by 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
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.555 of 1998
======================================================
Nepali Mandal Son of Late Danraj Mandal of Village-Sahapur, P.S.-
Kahalgaon, District-Bhagalpur. ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiwesh Chandra Mishra, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 20-02-2026 Perused the Letter No. 69 dated 28.01.2026 issued by
the Superintendent of Police, Bhagalpur, along with the report
furnished by the S.H.O., Ghogha Police Station, Bhagalpur
annexed thereto, wherein it has been indicated that the
appellant, namely, Nepali Mandal, has died.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U T
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