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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

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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