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Patna High Court

MAHADEO PANDEYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue the appeal.

Summary

The appellant, Mahadeo Pandey, was found to be deceased during the pendency of his criminal appeal. The court examined letters and reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative files an application for leave to continue. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue?

Legislation cited

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.963 of 2006
                 ======================================================
                 Mahadeo Pandey, son of late Baiju Pandey, resident of village- Gangara, P.S.-
                 Gidhaur (Laxamipur), District- Jamui.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Amar Prakash, 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   11-05-2026                  Perused the Letter No. 520 dated 05.05.2026 of the

                   Superintendent of Police, Jamui along with the Report dated

                   02.05.2026 of SHO, Gidhour Police Station, Jamui as well as

                   the Report dated 02.04.2026 of the Muhiya of Gram Panchayat

                   Raj, Gangra, Gidhour, Jamui wherein it is indicated that during

                   enquiry it came to light that the appellant, namely, Mahadeo

                   Pandey, is 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.963 of 2006(3) dt.11-05-2026
                                                         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)
uday/-

U        T


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