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Patna High Court

BISHUNDEO MANDALversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of upon the appellant's death unless a near relative files an application for leave to continue.

Summary

The appellant, Bishundeo Mandal, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by letters from the Superintendent of Police and a local ward member. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which stipulate that an appeal abates on the death of the appellant unless a near relative applies for leave to continue. Since no such application was filed, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant if no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?

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.579 of 2009
                 ======================================================
                 Bishundeo Mandal, Son of Late Parmeshwar Mandal, Resident of Village-
                 Korheli Mihanpur, Police Station-Rajoun, District-Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Jai Shankar Barnwal, Advocate
                 For the Respondent/s   :     Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   11-05-2026                 Perused the Letter No. 618 dated 01.05.2026 of the

                   Superintendent of Police, Banka along with the report of Police

                   Inspector cum S.H.O., Rajaun Police Station dated 30.04.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Bishundeo Mandal has died. Information

                   letter regarding death of the appellant sent by Member of Ward

                   No. 14, Village-Bhagwanpur, Rajaun, Banka has also been

                   enclosed with the said report.

                               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.579 of 2009(6) dt.11-05-2026
                                                        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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