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Patna High Court

Dev Brat Pandey @ Deo Barat PandeyversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative to continue the appeal.

Summary

The appellant, Dev Brat Pandey, filed a criminal appeal (DB) No.332 of 2015 arising from a 1984 case. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. 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 on the death of the appellant unless a near relative applies to continue it. No near relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal under Section 394 CrPC?

Legislation cited

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.332 of 2015
                     Arising Out of PS. Case No.-204 Year-1984 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Dev Brat Pandey @ Deo Barat Pandey Son of Late Kshatradhari Pandey
                 Resident of Village - Turkahan Tola, P.S. and District - Gopalganj.

                                                                                 ... ... Appellant
                                                      Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ranjeet Kumar Pandey, Advocate
                 For the Respondent/s   :        Mr. G.P. Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   13-03-2026                    Perused Letter No. 219 dated 07.02.2026 of the

                   Superintendent of Police, Gopalganj along with the report of

                   Inspector     of     Police-cum-S.H.O.,        Town       Police     Station,

                   Gopalganj, wherein it is indicated that during the enquiry it

                   came to light that the sole appellant, namely Dev Brat Pandey

                   @ Deo Barat 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.332 of 2015(6) 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


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