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Patna High Court

Brij Bihari Pandit @ Braj Bihar PanditversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as the appellant has died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Brij Bihari Pandit, filed a criminal appeal (DB) No.174 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined the applicability of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of a criminal appeal upon the death of the appellant. 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 records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023).
  • Whether the appeal can be continued without an application by a near relative for leave to proceed.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.174 of 2014
                    Arising Out of PS. Case No.-74 Year-2008 Thana- ISHAKCHAK District- Bhagalpur
                 ======================================================
                 Brij Bihari Pandit @ Braj Bihar Pandit Son Of Dwarika Pandit Resident Of
                 Village-Laluchak, P.S.-Ishakchak, District-Bhagalpur

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Brij Nandad Prasad, Advocate
                 For the Respondent/s    :       Mr. S.C.Mishra, App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   26-03-2026                  Perused the Letter No. 266 dated 09.02.2026 of the

                   Sr. Superintendent of Police, Bhagalpur along with the report of

                   SHO, Ishakchak police station dated 06.02.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Brij Bihari Pandit @ Braj Bihar Pandit, has died.

                   Certificate of death issued by Councillor of Ward No. 47,

                   Bhagalpur Nagar Nigam, Bhagalpur, has also been enclosed

                   with the said report.

                               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
           Patna High Court CR. APP (DB) No.174 of 2014(6) dt.26-03-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                  3. Let the trial court records be sent back to the

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



                                                             (Sangam Kumar Sahoo, CJ)



                                                                (Harish Kumar, J)

ranjan/-

U


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