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Patna High Court

MUNNA PANDEYversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 BNSS).

Summary

The appellant, Munna Pandey, filed a criminal appeal (DB) No.860 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. The court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was deemed abated and was disposed of, with the trial court record to be sent back to the lower court.

Issues considered

  • Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to proceed?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNSS
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.860 of 2010
                 ======================================================
                 Munna Pandey, Son Of Late Hanuman Pandey, R/O- Village- Khairatiya, P.S.
                 Manuapul, District- West Champaran At Bettiah.

                                                                             ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Rajendra Prasad, Advocate
                 For the Respondent/s   :     Mr. Dilip Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   06-05-2026                     Perused the Letter No. 519 dated 30.04.2026 of the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   the report dated 28.04.2026 of the S.H.O., Manuapul P.S.,

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

                   the sole appellant, namely, Munna Pandey, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said report 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.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.860 of 2010(6) dt.06-05-2026
                                                        2/2




                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
guddukr/-

U      T


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