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Patna High Court

RAM LAL MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Ram Lal Mahto, filed a criminal appeal (DB) No.687 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.687 of 2002
                 ======================================================
                 Ram Lal Mahto, Son of Dasal Mahto, Resident of Village- Kanchan Pur Tola
                 Mangirathi Bigha, P.S.- Barun, Dist.- Aurangabad.

                                                                           ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Bindeshwar Prasad Singh, 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   11-05-2026                 Perused the Memo No. 1369 dated 04.05.2026 of the

                   Superintendent of Police, Aurangabad along with the Report

                   dated 02.05.2026 of the Inspector of Police-cum-S.H.O., Barun

                   Police Station as well as the Certificate of Death dated

                   05.08.2026 of the Mukhiya, Gram Panchayat-Kanchanpur,

                   Aurangabad; wherein it is indicated that the sole appellant,

                   namely, Ram Lal Mahto, 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.687 of 2002(4) dt.11-05-2026
                                                        2/2




                                   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)
shivank/-

U      T


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