Patna High Court
NADO MAHTON and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of as no near relative applied to continue it.
Summary
The appellants, Nado Mahton and his son Rajesh Kumar, filed a criminal appeal before the Patna High Court. While the appeal was pending, both appellants died, as confirmed by a police letter and report. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of criminal proceedings upon the death of a party. No near relative filed an application seeking leave to continue the appeal. Consequently, the Court held that the appeal stood abated and ordered its disposal.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative seeks to continue it
- Applicability of Section 394 CrPC (or Section 435 BHNS) to the present 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.562 of 1998
======================================================
1) Nado Mahton son of Ram Bilash Mahton.
2) Rajesh Kumar @ Rajesh Mahton, Son of Nado Mahton.
Both resident of Mokbira Chair Tola, Police Station-Kasim Bazar, (Kotwali),
District-Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sujeet Kumar Sinha, Advocate
For the Respondent/s : Mr. Arun, 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. 27 dated 09.01.2026 issued
by the Superintendent of Police, Munger, along with the report
furnished by the S.H.O., Kasim Bazar Police Station, Munger
annexed thereto, wherein it has been indicated that both the
appellants, namely, Nado Mahton and Rajesh Kumar @ Rajesh
Mahton, have 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
Patna High Court CR. APP (DB) No.562 of 1998(5) dt.20-02-2026
2/2
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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