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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.