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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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