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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

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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