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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

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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