Patna High Court
BRAHAMDEO PANDIT and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue under Section 394 of the CrPC.
Summary
The appellants, Brahamdeo Pandit and Basudeo Pandit, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, a police letter dated 14‑02‑2026 disclosed that both appellants 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 seeks leave to continue. Since no relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was directed to be sent back to the concerned 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 under Section 394 CrPC.
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.688 of 2007
======================================================
1. Brahamdeo Pandit son of Maheshwar Pandit
2. Basudeo Pandit son of Maheshwar Pandit
Both resident of Village- Jamght, P.S.- Kharagpur, District- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kamal Kishore Jha, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 19-03-2026 Perused the Letter No.201 dated 14.02.2026 of the
Superintendent of Police, Munger along with the Report dated
14.02.2026 of Assistant Sub-Inspector of Police, Gangta Police
Station, wherein it is indicated that during enquiry it came to
light that the appellants, namely, Brahamdeo Pandit and
Basudeo Pandit, are died.
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.688 of 2007(3) dt.19-03-2026
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)
uday/-
U T
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