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Patna High Court

ARJUN MANDAL and ORSversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellants are deceased and no near relative filed an application to continue the appeal.

Summary

The appellants Arjun Mandar, Kishan Mandar and Wakil Yadav filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that all three appellants had died. The court examined the Superintendent of Police's letter and the police inspector's memo confirming the deaths. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and noting that no near relative had applied to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative seeks leave to continue the appeal
  • Applicability of Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to abate the appeal

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.557 of 2004
                 ======================================================
                 1. Arjun Mandal son of Late Manik Mandal.
                 2. Kishan Mandal son of Mahabir Mandal,
                 3. Wakil Yadav son of Rameshwar Yadav.
                 All of Village Kamatpur, Police Station- Shambhuganj, District-Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    Mr. Shiwesh Chandra Mishra, Advocate
                 For the Respondent/s   :    Mr. Binod Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                   Perused the Letter No. 223 dated 10.02.2026 of the

                   Superintendent of Police, Banka, along with Memo No. 179 of

                   2026 dated 04.02.2026 of the Police Inspector-cum-S.H.O.,

                   Shambhuganj Police Station, Banka, wherein it is indicated that

                   during the enquiry it came to light that the appellants, namely,

                   Arjun Mandal, Kishan Mandal and Wakil Yadav, are dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.557 of 2004(4) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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