Patna High Court

ISHWAR NATH PANDEYversusTHE STATE OF BIHAR

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative sought leave to continue.

Summary

The appellant, Ishwar Nath Pandey, filed a criminal appeal (DB) No.46 of 2012 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. 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 for abatement of proceedings when a party 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 appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue when the appellant has died and 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
abated proceedings
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.46 of 2012
                        Arising Out of PS. Case No.-43 Year-2007 Thana- AANDAR District- Siwan
                 ======================================================
                 ISHWAR NATH PANDEY S/O Late Daroga Pandey Resident Of Village
                 Hata Dhanuati, P.S. M.H. Nagar, District Siwan.

                                                                                  ... ... Appellant/s
                                                       Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sameer Ranjan, Advocate
                 For the Respondent/s    :        Mr. S.B.Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 179 dated 10.02.2026 of the

                   Superintendent of Police, Siwan along with the Report of the

                   Probationer Sub-Inspector of Police, M.H. Nagar Police Station,

                   Siwan, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Ishwar Nath 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.46 of 2012(3) 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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