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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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