Patna High Court
HARIHAR MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Harihar Mahto, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the police reports confirming the death and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- The appeal can continue after the death of the appellant without an application by a near relative.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.594 of 2006
======================================================
Harihar Mahto S/o Late Nathu Mahto, R/o- Jagirha, Post- Pipra (Narangiya),
P.S.- Yogipatti, West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the report dated 12.05.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the report dated 02.05.2026 of the S.H.O., Yogipatti P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Harihar Mahto is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.594 of 2006(7) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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