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Patna High Court

JANG BAHADUR MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated as no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Jang Bahadur Mandal, died during the pendency of Criminal Appeal No.559 of 2002. The court examined a police letter and a death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the trial court records to be sent back, effectively disposing of the appeal.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative under Section 394 CrPC/Section 435 BHSS?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.559 of 2002
                 ======================================================
                 Jang Bahadur Mandal, Son of Late Anup Lal Mandal, Resident of Village-
                 Mokmatola Suthania, Police Station-Basnahi, District-Saharsa.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Ajit Kumar Singh 2, Advocate
                 For the Respondent/s     :      Mr. Satyanarayan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   26-05-2026                    Perused the Letter No. 632 dated 16.05.2026 of the

                   Superintendent of Police, Saharsa along with the report of

                   Police Sub Inspector cum S.H.O., Basnhi Police Station,

                   Saharsa dated 15.05.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Jang Bahadur

                   Mandal has died. Certificate of death of the appellant issued by

                   Up-Mukhiya of Gram Panchayat Raj, Mokma, Block-Sonbarsa,

                   Saharsa has also been enclosed with the said reports.

                                  2. In view of the said letters 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.559 of 2002(8) dt.26-05-2026
                                                       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)
ranjan/-

U


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