Patna High Court
Chhabbu MandalversusThe State 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, Chhabbu Mandan, was the sole party to a criminal appeal (Cr. App. DB No.638 of 2013) arising from a 1992 case. During the pendency of the appeal, the court learned from police reports that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no relative applied for leave to proceed, the High Court held that the appeal could not continue. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya 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.638 of 2013
Arising Out of PS. Case No.-2 Year-1992 Thana- GOPALPUR District- Bhagalpur
======================================================
Chhabbu Mandal S/O Late Bulli Mandal Resident Of Village- Karari
Tintanga, Police Station- Gopalpur, District- Bhagalpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajive Ranjan Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 15-05-2026 Perused the Letter No. 75 dated 09.02.2026 of the
Senior Superintendent of Police, Nawgachia along with the
Report dated 05.02.2026 of the Police Inspector-cum-S.H.O,
Gopalpur Police Station, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Chhabbu
Mandal, is dead.
2. In view of the said letter 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
disposed of.
Patna High Court CR. APP (DB) No.638 of 2013(3) dt.15-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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