Patna High Court
ARBIND PANDITversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of as the appellant died and no near relative filed an application for leave to continue.
Summary
The appellant, Arbind Pandit, filed a criminal appeal (DB) No.432 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a letter from the Senior Superintendent of Police and a report from the SHO. The court examined the effect of the appellant's death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 BNSS?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.432 of 2004
======================================================
Arbind Pandit, Son of Sri Umesh Pandit, Resident of Village-Nawadah,
Police Station-Sherghati, District-Gaya.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arbind Kumar, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 617 dated 14.05.2026 of the
Senior Superintendent of Police, Gaya along with the report of
S.H.O., Sherghati Police Station dated 13.05.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Arbind Pandit has died.
2. In view of the said letters 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.432 of 2004(3) dt.26-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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