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Patna High Court

NAWAL KISHORE MAHATO @ NAWAL KISHORE PRASADversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue.

Summary

The appellant, Nawal Kishore Mahato, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police and local panchayat reports. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.739 of 2008
                 ======================================================
                 Nawal Kishore Mahato @ Nawal Kishore Prasad, son of late Sikandar
                 Mahato, resident of Village- Narayanpur, Police Station- Piparahi, District-
                 Sheohar (Bihar)

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

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Basant Kumar Tripathy, Advocate
                 For the Respondent    :         Mr.G.P.Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   13-05-2026                 Perused     the    report      dated   11.05.2026       of   the

                   Superintendent of Police, Sheohar along with the report dated

                   10.05.2026 of the Up-Mukhiya, Gram Panchayat Raj, Kuama,

                   Sheohar, which indicate that the sole appellant Nawal Kishore

                   Mahato alias Nawal Kishore Prasad is dead.

                               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.739 of 2008(9) 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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