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Patna High Court

NAND KISHORE MEHTAversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Nand Kishore Mehta, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the accused dies and no relative seeks continuation. Accordingly, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.738 of 2008
                 ======================================================
                 Nand Kishore Mehta, son of Late Ramdhari Mehta, resident of Village-
                 Fulaut, P.S. Chausa, District- Madhepura

                                                                               ... ... Appellant
                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Praveen Kumar Agrawal, Advocate
                 For the Respondent    :         Mr.D.K.Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused     the    report      dated   02.05.2026       of   the

                   Superintendent of Police, Madhepura along with the report

                   dated 02.05.2026 of the Probationary Sub-Inspector of Police-

                   cum-S.H.O., Fulaut Police Station, Madhepura, which indicate

                   that the sole appellant Nand Kishore Mehta is dead and the

                   death certificate of the appellant is 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 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.738 of 2008(3) dt.13-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

U


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