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Patna High Court

Navneet TrivediversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative has applied for leave to continue.

Summary

The appellant Navneet Trivedi filed a criminal appeal (DB) No.404 of 2014 before the Patna High Court. During the pendency of the appeal, the police reported that the appellant had died. The Court examined the report and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the accused dies and no near relative applies for leave to continue. Since no relative filed any application, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.404 of 2014
                    Arising Out of PS. Case No.-250 Year-2010 Thana- MUZAFFARPUR TOWN District-
                                                       Muzaffarpur
                 ======================================================
                 Navneet Trivedi son of Late Triloki Nath, resident of village- Mishra Ka
                 Mathiya, P.S.- Bairiya, District- Baliya

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :     Mr. Ajay Kumar Thakur, Advocate
                                                 Mr. Md. Imteyaz Ahmad, Advocate
                                                 Mr. Ritwik Thakur, Advocate
                                                 Mr. Vaishnavi Singh, Advocate
                 For the State             :     Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   27-02-2026                         Perused the Letter No.339 dated 13.02.2026 of the

                   Senior Superintendent of Police, Muzzafarpur along with the

                   Writ Memo/2026 dated 12.02.2026 of the Superintendent of

                   Police, Balia (U.P.), wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Navneet Trivedi, is

                   dead.

                                 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.404 of 2014(7) 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      T


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