Patna High Court
MANGAL YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the lack of any application by a near relative.
Summary
The appellant, Mangal Yadav, filed a criminal appeal (DB) No.810 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. 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 upon the death of a party unless a near relative applies to continue. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.810 of 2006
======================================================
Mangal Yadav, S/o Late Bhubneshwar Yadav @ Bhupan Yadav, Resident of
Village – Jhauaa (Gutheli), P.S. - Azamnagar, Dist.- Katihar, At present
residing at village – Naya Tola, P.S. - Katihar, Dist- Katihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjeet Kumar Singh, Adv.
For the Respondent/s : Mr. App.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 384 dated 08.05.2026 of the
Superintendent of Police, Katihar, along with the report dated
07.05.2026 of Police Inspector-cum-S.H.O., Town P.S., Katihar,
as well as the certificate of death dated 07.05.2026, issued by
Councillor, Ward No. 35, Block Katihar, wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Mangal Yadav, is dead.
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,
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.810 of 2006(4) dt.12-05-2026
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)
supratim/-
U T
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