Patna High Court
BASANT MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates upon the death of the appellant if no near relative applies for leave to continue, leading to its disposal.
Summary
The appellant, Basant Mahto, filed a criminal appeal (DB) No.660 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.
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.660 of 2009
======================================================
Basant Mahto, aged about 45 Years, Son of Late Kameshwar Mahto, Resident
of Village-Dumari, Police Station-Patory, District-Samastipur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Satya Prakash Sinha, Advocate
For the Respondent/s : Mr.A.K.Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 12-05-2026 Perused the Letter No. 660 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report of
S.H.O., Mohanpur Police Station, Samastipur dated 09.05.2026
wherein it is indicated that during enquiry it came to light that
the sole appellant Basant Mahto has died. Death certificate of
the appellant issued by Department of Planning and
Development, Government of Bihar, Patna has also been
enclosed with the said report.
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.660 of 2009(6) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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