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