Patna High Court
NAKUL MAHTO and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal after the appellants' deaths.
Summary
The appellants Nakul Mahto, Rajan Mahto and Borhan Mahto filed a criminal appeal (DB) No.722 of 2010 against the State of Bihar. During the pendency of the appeal, the police investigation revealed that all the appellants had died, and death certificates were attached to the report. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue the appeal. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under the applicable procedural provisions?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of Appellant
- Section 394 CrPC
- Procedural Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.722 of 2010
======================================================
1. Nakul Mahto son of Mala Mahto.
2. Rajan Mahto @ Razia Mahto @ Rajan @ Raja Mahto son of Sahdeo
Mahto
3. Borhan Mahto son of Late Kartik Mahto.
All residents of village- Gobrahi Diayara, Police Station- Kursela, District-
Katihar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajendra Prasad Sah, Advocate
For the Respondent/s : Mr. D.Kr.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 330, dated 03.05.2026 of the
Superintendent of Police, Katihar along with the report dated
01.05.2026 of the Sub-Inspector-cum-A.S.H.O., Kursela P.S.,
wherein it is indicated that during enquiry, it came to light that
the above-named appellants are dead and the death certificates
of the appellants are annexed with the said report.
2. In view of the said reports 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
Patna High Court CR. APP (DB) No.722 of 2010(4) dt.11-05-2026
2/2
disposed of.
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)
guddukr/-
U T
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