Patna High Court
MAHABIR MANDAL and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as no application for leave to continue has been filed.
Summary
The appellants Mahabir Mandan and Paltu Mandan filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that both appellants had died. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of. The trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the effect on a pending criminal appeal when all appellants die and no relative seeks leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.646 of 2005
======================================================
1. Mahabir Mandal, S/o Late Basudeo Mandal, R/o Village Tanka, P.S.-
Hathawri, Dist.- Samastipur.
2. Paltu Mandal, S/o Late Lal Chander Mandal, R/o Village Tanka, P.S.-
Hathawri, Dist.- Samastipur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashwani Kumar Sinha, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 794 dated 09.05.2026 of the
Superintendent of Police, Samastipur, wherein it is indicated
that during enquiry it came to light that the both the appellants,
namely, Mahabir Mandal and Paltu Mandal, are 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.646 of 2005(4) dt.12-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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