Patna High Court
HIRA MANJHIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates upon the death of the appellant unless a near relative applies for leave to continue.
Summary
The appellant, Hira Manjhi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that the appellant had died, and a death certificate was attached to the report. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, 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 concerned 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 for leave to proceed?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- Section 394 CrPC
- Section 435 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.69 of 2008
======================================================
HIRA MANJHI, S/o Late Raghu Nath Manjhi, R/o Vill. Siar Marwa Tola
(Mauna Jatahi) P.S. Muffasil, Dist.- Saran at Chhapra
... ... Appellant
Versus
THE STATE OF BIHAR
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Shambhu Nath Singh, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 08-05-2026 Perused the Letter No. 823 dated 03.05.2026 of the
Senior Superintendent of Police, Saran at Chapra along with the
report dated 02.05.2026 of the Police Inspector-cum-S.H.O.,
Muffasil P.S., Saran at Chapra, wherein it is indicated that
during enquiry, it came to light that the sole appellant, namely,
Hira Manjhi, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.69 of 2008(7) dt.08-05-2026
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)
shailendra/-
U
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