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
- 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.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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