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Patna High Court

JAGDEO MAHTOversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of when the appellant dies and no near relative files an application for leave to continue the appeal.

Summary

The appellant, Jagdeo Mahto, filed a criminal appeal (DB) No.884 of 2008 before the Patna High Court. During the pendency of the appeal, the police confirmed that the appellant had died, and a death certificate was attached to the report. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant is deceased and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the 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 and no near relative seeks leave to continue the appeal under the relevant procedural law?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.884 of 2008
                 ======================================================
                 Jagdeo Mahto , Son Of Late Buddhu Mahto, R/O Village- Shumbha Tola
                 Kehuna, P.S. Allauli, District- Khagaria.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Rajesh Kumar, Advocate
                 For the Respondent/s   :     Mr.A.Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   06-05-2026                     Perused the Letter No. 432 dated 28.04.2026 of the

                   Superintendent of Police, Khagaria along with the report dated

                   28.04.2026 of the Sub-Inspector of Police, Bahadurpur P.S.,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Jagdeo Mahto, 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.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.884 of 2008(6) dt.06-05-2026
                                                        2/2




                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
guddukr/-

U      T


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