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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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