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Patna High Court

Rambrat Pandey @ Rambarat PandeyversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of because the appellant is deceased and no near relative has applied to continue the appeal.

Summary

The appellant, Rambrat Pandey, filed a criminal appeal against a conviction by the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined the report and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant dies and no near relative applies to continue it. Since no relative filed any application for leave to proceed, the court held that the appeal could not continue. Consequently, the appeal was abated and disposed of.

Issues considered

  • Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC Section 394
  • Bharatiya Nagarik Suraksha Sanhita Section 435
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.3 of 2015
                     Arising Out of PS. Case No.-204 Year-1984 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Rambrat Pandey @ Rambarat Pandey son of Late Chhatradhari Pandey
                 Resident of Village - Turkaha Tola Thawe Road Ward No. 18, Police Station
                 and District - Gopalganj.

                                                                                ... ... Appellant/s
                                                      Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Bijay Prakash Singh, Advocate
                 For the Respondent/s   :        Mr. A.K. Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   27-02-2026                     Perused the Letter No.255 dated 07.02.2026 of the

                   Superintendent of Police, Gopalganj along with the Memo No.

                   429 of 2026 dated 07.02.2026 of the Police Inspector-cum-

                   S.H.O., Town, Gopalganj, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Rambrat

                   Pandey @ Rambarat Pandey, is dead and the death certificate of

                   the appellant is annexed with the said report.

                               2. In view of the said report 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.3 of 2015(3) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                      (Sangam Kumar Sahoo, CJ)


                                                       (Nawneet Kumar Pandey, J)
guddukr/-

U


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