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