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Patna High Court

RAMJEE MAHTO and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellants died and no near relative applied for leave to continue the appeal under the applicable statutory provision.

Summary

The appellants, Ramjee Mahto and Nunnulal Mahto, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, both appellants died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the criminal appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • What is the effect of the death of an appellant on a pending criminal appeal when no relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.556 of 2006
                 ======================================================
                 1.Ramjee Mahto son of Late Dina Mahto,
                 2.Nunnulal Mahto son of Ramjee Mahto,
                 Both resident of Village Dan Tola, Police Station and District-Khagaria.

                                                                             ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Binod Kumar, Advocate
                 For the Respondent/s    :       Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   06-05-2026              Perused the Letter No. 443 dated 28.04.2026 of the

                   Superintendent of Police, Khagaria along with the report of

                   Police Sub Inspector, Town Police Station, Khagaria station dated

                   28.04.2026, wherein it is indicated that during enquiry it came

                   to light that the appellants Ramjee Mahto and Nunnulal Mahto,

                   have died. Certificate of death issued by Nagar Parshad, Ward

                   No. 13, Khagaria, has also been enclosed with the said report.

                                  2. In view of the said letter 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.556 of 2006(5) dt.06-05-2026
                                                        2/2




                      disposed of.

                                    3. Let the trial court records be sent back to the

                      concerned court immediately, if not required in any other case.



                                                              (Sangam Kumar Sahoo, CJ)



                                                                    (Harish Kumar, J)
guddukr/-

U


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