Patna High Court
Debu MandalversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
Debu Mandal appealed a criminal conviction, but during the pendency of the appeal he died, as confirmed by a death certificate. The court examined a police letter and report indicating his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal could not continue. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies?
- Does the absence of an application by a near relative to continue the appeal mandate abatement under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.836 of 2015
Arising Out of PS. Case No.-38 Year-2002 Thana- SHAMBHUGANJ District- Banka
======================================================
Debu Mandal S/o Late Pyare Lal Mandal @ Late Pyare Mandal resident of
Village- Khajuri, P.S.- Shambhuganj, District- Banka.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhaskar Shankar, Advocate
For the Respondent/s : Mr.S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 06-05-2026 Perused the Letter No. 162 dated 10.02.2026 of the
Superintendent of Police, Banka along with the report dated
09.02.2026 of the Sub-Inspector of Police, Shambhuganj P.S.,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Debu Mandal, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said report 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.
Patna High Court CR. APP (DB) No.836 of 2015(4) dt.06-05-2026
2/2
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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