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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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