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Patna High Court

NAWAL MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as no near relative applied for leave to continue it after the appellant's death.

Summary

The appellant, Nawal Mandal, filed a criminal appeal (DB) No.978 of 2007 before the Patna High Court. During the pendency of the appeal, the court received a letter and reports confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to continue the appeal

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • section 394 CrPC
  • section 435 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.978 of 2007
                 ======================================================
                 Nawal Mandal, son of Anandi mandal, R/o Village-Biduwa (Bachhani), P.S.-
                 Amarpur, Dist.- Banka

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Amarendra Kumar Jha, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   11-05-2026                 Perused the Letter No. 745 dated 02.05.2026 of the

                   Superintendent of Police, Banka along with the Report dated

                   01.05.2026 of Sub-Inspector of Penpa, O.P., Banka as well as

                   the report dated 01.05.2026 of Sarpanch, Gram Kutchery,

                   Kushmaha, Banka, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Nawal 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

                   disposed of.
             Patna High Court CR. APP (DB) No.978 of 2007(5) dt.11-05-2026
                                                         2/2




                                    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


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