Patna High Court
YUGESHWAR PANDEYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.
Summary
The appellant, Yugeshwar Pandey, filed a criminal appeal (DB) No.181 of 2003 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to police reports dated 28-04-2026 and 29-04-2026. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable statutory provision?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.181 of 2003
======================================================
Yugeshwar Pandey S/o Late Balkesh Pandey, R/o- Andauli, P.S. Chebara,
District- Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Surendra Kumar Singh, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the report dated 29.04.2026 of the
Superintendent of Police, Sheikhpura along with the report
dated 28.04.2026 of the S.H.O., Chebara P.S., wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Yugeshwar Pandey is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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 record be sent back to the
Patna High Court CR. APP (DB) No.181 of 2003(4) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
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