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Patna High Court

RAMADHIN MANDAL @ RAMDHANI MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of because the appellant is dead and no near relative applied for leave to continue under the applicable statutory provision.

Summary

The appellant, Ramadhin Mandal, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant was reported dead by police and local authorities. The court examined the reports and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record 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 under Section 394 CrPC/Section 435 B.N.S.?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.85 of 2005
                 ======================================================
                 Ramadhin Mandal @ Ramdhani Mandal, son of Late Bhasawan Mandal,
                 resident of village- Baikunthapur Dudhaila, P.S.- Bihpur, Distt- Bhagalpur.

                                                                             ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mrs. Kumari Amrita, Advocate
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   03-04-2026                 Perused the Letter No. 97 dated 09.02.2026 of the

                   Superintendent of Police, Naugachia along with the Report

                   dated 08.02.2026 of the Inspector of Police-cum-S.H.O., Bihpur

                   Police Station as well as the Report dated 09.02.2026 of the

                   Sarpanch of Gram Kachahari, Baikatpur Dudhaila, Block-

                   Narayanpur, Bhagalpur; wherein it is indicated that the sole

                   appellant, namely, Ramadhin Mandal @ Ramdhani Mandal, is

                   dead.

                               2. In view of the said letter 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.85 of 2005(3) dt.03-04-2026
                                                        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)
shivank/-

U      T


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