Patna High Court

ANIL PANDEYversusSTATE OF BIHAR

Decided: 6 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as mandated by Section 394 CrPC.

Summary

The appellant, Anil Pandey, died during the pendency of his criminal appeal. The Senior Superintendent of Police informed the Court of his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal must be abated. Consequently, the criminal appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abatement
death of appellant
Section 394 CrPC
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.197 of 2003
                  ======================================================
                  Anil Pandey, Son of Sarbdeo Pandey, Resident of Kanakpur, P.S.-Dighwara,
                  District-Saran.                                          ... ... Appellant/s
                                                   Versus
                  The State of Bihar.                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s  :      Mr. Nagendra Kumar Roy, Advocate
                  For the Respondent/s :      Mr. S.N. Pd., A.P.P.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE MR. JUSTICE HARISH KUMAR
                                              ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)

5    06-05-2026                    Perused the Letter No. 301 dated 11.02.2026 of the

                    Senior Superintendent of Police, Patna, wherein it is indicated

                    that during enquiry it came to light that the sole appellant,

                    namely, Anil Pandey, is dead.

                               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

                    continue the appeal, the Criminal Appeal stands abated and

                    disposed of.

                               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)
Neha/-
U

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