Patna High Court
Makeshwar PandeyversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.
Summary
The appellant, Makeshwar Pandey, filed a criminal appeal (DB) No.250 of 2014 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police informed the Court that the appellant had died. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (equivalent to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of criminal proceedings upon the death of the accused. Since no near relative applied for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the trial court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal under Section 394 CrPC?
- Whether the appeal can continue in the absence of an application by a near relative seeking leave to proceed?
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.250 of 2014
Arising Out of PS. Case No.-37 Year-2010 Thana- SIKANDRA District- Jamui
======================================================
Makeshwar Pandey Son of Lakshmi Pandey Resident Of Village - Kumar,
P.S.- Sikadra, District - Jamui
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Prakash Mahto, Advocate
For the Respondent/s : Mr. S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-03-2026 Perused Letter No. 92 dated 10.02.2026 of the
Superintendent of Police, Jamui, wherein it is indicated that
during the enquiry it came to light that the sole appellant,
namely Makeshwar Pandey, is dead.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
Patna High Court CR. APP (DB) No.250 of 2014(5) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U T
Checking your session…