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Patna High Court

BRIJNANDAN PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Brijnandan Pandey, filed a criminal appeal (DB) No.666 of 2006 before the Patna High Court. During the pendency of the appeal, the court received police reports confirming that the appellant had died, and a death certificate was attached. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.

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.666 of 2006
                 ======================================================
                 Brijnandan Pandey, S/o Late Yashoda Pandey, R/o Vill. Waina, P.S.
                 Navanagar, District – Buxar.

                                                                        ... ... Appellant/s
                                                  Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :    Mr. B.J.Ojha, Advocate
                 For the Respondent/s    :    APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                        Perused the report dated 04.05.2026 of the

                   Superintendent of Police, Buxar along with the report dated

                   03.05.2026 of the Sub-Inspector of Police, Sonbarsa P.S.,

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

                   the sole appellant, namely, Brijnandan Pandey, is dead and the

                   death certificate of the appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.666 of 2006(3) dt.13-05-2026
                                                        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)
shailendra/-

U       T


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