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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

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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