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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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
Checking your session…