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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

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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