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
- 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.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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