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Patna High Court

ARUN PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue, per the applicable statutory provisions.

Summary

The appellant, Arun Pandey, filed a criminal appeal (DB) No.1002 of 2007 before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died. The court examined a letter from the Deputy Superintendent of Police and reports from the Sub‑Inspector and the village Mukhiya confirming the death. The issue before the court was whether the appeal could continue in the absence of the appellant and without any application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal must abate if no relative seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back.

Issues considered

  • Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abatement of appeal
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1002 of 2007
                 ======================================================
                 Arun Pandey, son of Sri Tribhuwan Pandey, resident of vilalge- Hemza,
                 Police Station- Kutumba, District- Aurangabad

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Mritunjay Prasad Singh, 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)

4   17-04-2026                 Perused the Letter No.439 dated 11.02.2026 of the

                   Deputy Superintendent of Police, Headquarter Aurangabad

                   along with the Report dated 10.02.2026 of the Sub-Inspector of

                   Police, Kutumba Police Station as well the report of Mukhiya,

                   Gram Panchayat Dadhpa, Block Kutumba, Aurangabad,

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

                   the sole appellant, namely, Arun Pandey, 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.1002 of 2007(4) dt.17-04-2026
                                                         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      T


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