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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

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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