Patna High Court
RAJAN PANDEY @ PAPPU PANDEYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative sought leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Rajan Pandey, filed a criminal appeal (DB) No.1124 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. 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 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 the case was disposed, with the trial court record to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?
- Whether Section 394 CrPC (or its equivalent Section 435 B.N.S. 2023) mandates abatement in such circumstances?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1124 of 2007
======================================================
Rajan Pandey @ Pappu Pandey, Son of Late Subhash Pandey, Mohalla-
Thakurbari, P.S.- Motihari Town, Dist.- East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shakti Suman Kumar, 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)
3 14-05-2026 Perused the Letter No. 1005 dated 10.05.2026 of
the Superintendent of Police, East Champaran, Motihari, along
with the report dated 08.05.2026 of Sub-Inspector, Nagar Thana
P.S., East Champaran, as well as the Certificate of Death dated
03.05.2026, issued by Councillor-16, Municipal Corporation,
Motihari, East Champaran, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Rajan
Pandey @ Pappu Pandey, 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.1124 of 2007(3) dt.14-05-2026
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)
Anjani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.