Patna High Court
FATINGA MAHTO @ JAGDISH MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Fatinga Mahto, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by death certificates from the Department of Planning and Development and the local ward councillor. The court examined the police letter and the provisions of Section 394 of the Code of Criminal Procedure, 1973, and Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deal with abatement of proceedings upon the death of a party. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.90 of 2008
======================================================
Fatinga Mahto @ Jagdish Mahto, S/o Late Gokul Mahto, R/Vill.-Satpura,
Police Station-Sadar, District-Muzaffarpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sudhir Kumar Jha, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 614 dated 29.04.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
report of S.H.O., Kachi Pakki O.P. dated 26.04.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Fatinga Mahto @ Jagdish Mahto, has died. Death
certificate issued by Department of Planning and Development,
Government of Bihar, Patna along with certificate of death
issued by Ward Councillor, Ward No. 32, Nagar Nigam,
Muzaffarpur has also been enclosed with the said report.
2. In view of the said letter as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Patna High Court CR. APP (DB) No.90 of 2008(4) dt.07-05-2026
2/2
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 records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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