Patna High Court
SIKANDAR MAHTON @ SEKAND MAHTONversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the death of the appellant and lack of any application to continue.
Summary
The appellant, Sikandar Mahton, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. 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 a petition to continue, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no relative applies for leave to proceed
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.718 of 2006
======================================================
Sikandar Mahton @ Sekand Mahton @ Sekandra Mahton, Son of Late
Kapildeo Mahton, Resident of Village-Sadpur, Police Station-Sahebpur
Kamal, District-Begusarai.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Mohan, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 08-05-2026 Perused the Letter No. 1166 dated 01.05.2026 of the
Superintendent of Police, Begusarai along with the report of
S.H.O., Sahebpur Kamal Police Station, Begusarai dated
30.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Sikandar Mahton @ Sekand
Mahton @ Sekandra Mahton has died. Certificate of death
issued by Up-Mukhiya of Gram Panchayat Raj, Sadpur, Block-
Sahebpur Kamal, Begusarai 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,
Patna High Court CR. APP (DB) No.718 of 2006(9) dt.08-05-2026
2/2
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 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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