Patna High Court
MOHAN PANDEY and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellants are deceased and no near relative applied for leave to continue the appeal.
Summary
The appellants, Mohan Pandäy and Sunil Pandäy, filed a criminal appeal against the State of Bihar. While the appeal was pending, both appellants were reported dead by police and local authorities. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant(s) in the absence of an application by a near relative for leave to continue the appeal.
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.901 of 2006
======================================================
1. Mohan Pandey.
2. Sunil Pandey.
Both Sons of Brijnandan Pandey, Resident of Village-Waina, P.S.-Navanagar,
District-Buxar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. B.J.Ojha, Adv.
For the Respondent/s : Mr. S. N. Prasad, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 747 dated 04.05.2026 of the
Superintendent of Police, Buxar along with the Report dated
03.05.2026 of the Sub-Inspector of Police, Sonbarsa P.S., Buxar
as well as the Report of the Sarpanch, Gram Kutchery, Waina,
wherein it is indicated that both the appellants, namely, Mohan
Pandey and Sunil Pandey are dead.
2. In view of the said letters 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.901 of 2006(6) dt.14-05-2026
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)
Anjani/-
U T
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