Patna High Court
LAL BACHAN PANDEYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated due to the appellant’s death, as no near relative applied for leave to continue it.
Summary
The appellant, Lal Bachan Pandey, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police 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 on the death of the appellant unless a relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered it disposed of, directing the trial court records to be sent back. The decision underscores the procedural rule that an appeal cannot proceed after the appellant’s death without a relative’s intervention.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under the procedural law?
- Is an application by a near relative required to continue the appeal after the appellant’s death?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- section 394 CrPC
- section 435 BHSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.433 of 1997
======================================================
Lal Bachan Pandey, Son of Mangal Pandey of Village-Gaunaha Bazar, Police
Station-Gaunaha, District-West Champaran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjeev Kumar-I, 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)
4 26-05-2026 Perused the Letter No. 748 dated 16.05.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the report of S.H.O., Gaunaha Police Station dated 15.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Lal Bachan Pandey has died. Certificate of
death of the appellant issued by Mukhiya of Gram Panchayat
Raj, Gaunaha, West Champaran, Bettiah has also been enclosed
with the said reports.
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
Patna High Court CR. APP (DB) No.433 of 1997(4) dt.26-05-2026
2/2
disposed of.
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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