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Patna High Court

GANGA SAGAR PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of under Section 394 CrPC (now Sec.435 B.N.S. 2023) because the appellant died and no near relative sought leave to continue.

Summary

The appellant, Ganga Sagar Pandey, died during the pendency of Criminal Appeal No.135 of 2004. The High Court examined a letter from the Superintendent of Police and a police report confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant dies and no near relative files an application for leave to continue. Since no such application was filed, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal stand abated upon the death of the appellant when no near relative applies for leave to continue the appeal?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.135 of 2004
                 ======================================================
                 Ganga Sagar Pandey, Son of Dev Narayan Pandey, Resident of Village-
                 Nagpura, Police Station-Simri, District-Buxar.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Kaushal Kumar Jha, Sr. Advocate
                                                 Mr. Aamir Hayat, Advocate
                                                 Mr. Aditya Nath Pandey, Advocate
                 For the Respondent/s     :      Mr.Prasoon Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                    Perused the Letter No. 716 dated 02.05.2026 of the

                   Superintendent of Police, Buxar along with the report of S.H.O.,

                   Simir Police Station, Buxar dated 01.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Ganga Sagar Pandey has died.

                                  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

                   disposed of.

                                  3. Let the trial court records be sent back to the
           Patna High Court CR. APP (DB) No.135 of 2004(3) dt.08-05-2026
                                                       2/2




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



                                                       (Sangam Kumar Sahoo, CJ)



                                                             (Harish Kumar, J)
ranjan/-

U


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