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
- 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.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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