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Patna High Court

MANOHAR PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

Manohar Pandey filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Superintendent of Police and the Sub‑Inspector. The Court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal when the appellant dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?

Legislation cited

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.441 of 2000
                 ======================================================
                 Manohar Pandey, S/O Late Jamdagni Pandey, Resident of Village- Bhanti,
                 P.S.-Raghunathpur, District-Siwan.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Satish Chandra Mishra, Advocate
                 For the Respondent/s   :     Mrs. Shashi Bala Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   06-05-2026                    Perused the Letter No. 369 dated 22.04.2026 of the

                   Superintendent of Police, Siwan along with the Report dated

                   21.04.2026 of the Sub-Inspector of Police, Raghunathpur Police

                   Station, Siwan, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Manohar 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.441 of 2000(3) dt.06-05-2026
                                                     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)
Neha/-

U


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