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Patna High Court

LAGANDEO KANUversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Lagandeo Kanu, filed a criminal appeal (DB) No.449 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter, a police report, and a death certificate. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provide that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was 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?

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.449 of 2004
                 ======================================================
                 Lagandeo Kanu, Son of Late Jai Ram Kanu, resident of Village-Rahimpur,
                 Police Station-Nautan, District-Siwan.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Uday Bhan Singh, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   01-05-2026                    Perused the Letter No. 143 dated 07.02.2026 of the

                   Superintendent of Police, Siwan, along with the Report dated

                   07.02.2026 of the S.H.O., Nautan Police Station, Siwan as well

                   as the Death Certificate, which was issued by the Department of

                   Planning and Development, Government of Bihar; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Lagandeo Kanu, 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.449 of 2004(6) dt.01-05-2026
                                                     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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