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