Patna High Court
RAJ BRIND PANDEYversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because no near relative filed an application for leave to continue after the appellant's death.
Summary
The appellant, Raj Brind Pandey, filed a criminal appeal which was pending when he died. The court received a police letter confirming his death. The issue was whether the appeal could continue in the absence of an application by a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no relative seeks leave to continue. Consequently, the appeal was abated and the case was disposed, with the trial court record to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.785 of 2007
======================================================
Raj Brind Pandey, son of Late Amardeo Pandey, resident of Village- Hemza,
P.S.- Kutumba, District- Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar -3, 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 17-04-2026 Perused the Letter No.439 dated 11.02.2026 of the
Deputy Superintendent of Police, Headquarter Aurangabad
along with the Report No. 555 dated 10.02.2026 of Sub
Inspector, Kutumba Police Station as well as the report of
Mukhiya, Gram Panchayat- Dadhpa, Block- Kutumba,
Aurangabad, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Raj Brind 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.785 of 2007(3) dt.17-04-2026
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)
supratim/-
U T
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