Patna High Court
SUKHDEO MAHTO @ BHAGAT @ SUKHDEO BHAGATversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated due to the death of the appellant and the absence of an application by a near relative.
Summary
The appellant, Sukhdeo Mahto, filed a criminal appeal (DB) No.653 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.653 of 2006
======================================================
Sukhdeo Mahto @ Bhagat @ Sukhdeo Bhagat, S/O Late- Shib Nandan
Mahto, Resident of Village Gangapur, P.S. Musrigharari, Dist- Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sujit Kumar Singh, Adv.
For the Respondent/s : Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 12-05-2026 Perused the Letter No. 709 dated 07.05.2026 of the
Superintendent of Police, Samastipur, along with the report
dated 07.05.2026 of S.H.O. Musridharari P.S., Samastipur, as
well as the certificate of death dated 07.05.2026, issued by
Sarpanch, Gram Kachhari Gangapur, Block Sarairanjan,
Samastipur, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Sukhdeo Mahto @
Bhagat @ Sukhdeo Bhagat, is dead.
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.653 of 2006(5) dt.12-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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