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Patna High Court

SRI KANT PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023) when the appellant dies and no relative seeks its continuation.

Summary

The appellant, Sri Kant Pandey, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police and local reports. No near relative filed an application for leave to continue the appeal. 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 if the appellant dies and no relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.371 of 1998
                 ======================================================
                 Sri Kant Pandey, S/o Purushottam Pandey, R/o Village Abhaypur, P.S. Piri
                 Bazar, District Munger.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kaushal Kumar Jha, Adv.
                 For the Respondent/s   :     Mr. Jai Prakash Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   17-04-2026                 Perused the Letter No. 206 dated 14.02.2026 of the

                   Superintendent of Police, Munger along with the Report of

                   S.H.O., Piri Bazaar, Lakhisarai dated 06.02.2026 as well as the

                   report of Up-Sarpanch, Gram Kutcherry Kaswa, Block-

                   Suryagarha, District Lakhisarai, wherein it is indicated that

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

                   Sri Kant Pandey, is dead.

                               2. In view of the said letter 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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
             Patna High Court CR. APP (DB) No.371 of 1998(5) dt.17-04-2026
                                                         2/2




                                    3. Let the trial court record be sent back to the

                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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