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Patna High Court

BIRENDRA PANDEY @ BIRENDRA PRASAD PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Birendra Pandey, filed a criminal appeal against the State of Bihar. The court examined police reports and a death certificate confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is deceased and no near relative applies for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Can a criminal appeal continue after the death of the appellant when no near relative seeks leave to proceed?

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.607 of 2010
                 ======================================================
                 Birendra Pandey @ Birendra Prasad Pandey, Son of Late Devi Prasad Pandey,
                 Resident of Village- Gabbey, P.S.- and Dist.- Sheikhpura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Dhananjaya Nath Tiwari, Adv.
                 For the Respondent/s   :     Mr. A. K. Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                   Perused the Report No. 381 dated 05.05.2025 of the

                   Superintendent of Police, Sheikhpura along with the Report

                   dated 02.05.2026 of the Inspector of Police-cum-S.H.O.,

                   Hathiyava Police Station, Sheikhpura as well as the Certificate

                   of Death dated 02.05.2026 of the Sarpanch-cum-Block

                   President of Gram Kachhari- Gabbey, Block- Sheikhpura, Dist.-

                   Sheikhpura; wherein it is indicated that the sole appellant,

                   namely, Birendra Pandey @ Birendra Prasad 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
            Patna High Court CR. APP (DB) No.607 of 2010(4) dt.13-05-2026
                                                        2/2




                      disposed of.

                                   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)
shivank/-

U      T


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