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Patna High Court

BIRDA MANJHI @ BRIDA MANJHI @ BRINDA MANJHIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (now Section 435 BNSS 2023).

Summary

The appellant, Birda Manjhi, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports 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 that an appeal abates if the appellant dies and no near relative seeks leave to continue it. No near relative filed any such application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to proceed

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of appellant
  • Section 394 CrPC
  • Procedural law
  • Bihar High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.882 of 2011
                 ======================================================
                 Birda Manjhi @ Brida Manjhi @ Brinda Manjhi, S/o Late Ratan Manjhi, R/V
                 Bagahi, P.S. Mirganj, Distt. Gopalganj

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ajay Mishra, Adv.
                 For the Respondent/s   :     Mr. A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused the Letter No. 838 dated 08.05.2026 of the

                   Superintendent of Police, Gopalganj, along with the report dated

                   07.05.2026 of S.H.O., Mirganj P.S., Gopalganj, as well as the

                   certificate of death issued by Ward Member of Ward No. 6,

                   Gram Panchayat Raj Simha, Block Hathua, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Birda Manjhi @ Brida Manjhi @ Brinda

                   Manjhi, 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.882 of 2011(3) dt.13-05-2026
                                                         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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