Patna High Court
YOGENDRA 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 the appeal under Section 394 of the CrPC (or Section 435 of the Bharatiya Nagarik Suraksha Sanhita).
Summary
The appellant, Yogendra Pandey, filed a criminal appeal (DB) No.1392 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by letters from the Superintendent of Police, the S.H.O., and a death certificate issued by the Gram Panchayat. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no relative seeks leave to continue the appeal under the applicable procedural law?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1392 of 2007
======================================================
Yogendra Pandey, S/o Sri Chandrama Pandey, R/o Village-Pakrahi, P.S.-
Brahampur, Dist.-Buxar
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shree Kant Pandey, 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 11-05-2026 Perused the Letter No. 805 dated 05.05.2026 of the
Superintendent of Police, Buxar along with the letter dated
05.05.2026 of S.H.O., Bagaingola P.S., Buxar as well as the
certificate of death dated 05.05.2026, issued by the Mukhiya,
Gram Panchayat Pokhraha, Brahmpur, Dist.-Buxar (Bihar),
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Yogendra 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
disposed of.
Patna High Court CR. APP (DB) No.1392 of 2007(3) 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 T
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