Case brief
What is this about?
Patna High Court, Division Bench (Sangam Kumar Sahoo, CJ author; Harish Kumar, J), disposed of Criminal Appeal (DB) No.591 of 2001 (Premchand Tiwary v. State of Bihar) by order dated 05-05-2026: acting on SP West Champaran (Bettiah) Letter No. 482 dt. 26.04.2026 that the sole appellant was dead, and since no near relative applied for leave to continue under Section 394 CrPC 1973 (corresponding to Section 435 BNSS 2023), the appeal stood abated and disposed of; trial court record ordered returned to the concerned court. Keywords: abatement, death of appellant, Section 394 CrPC, Section 435 BNSS, no relief, no quantum.
What did the court decide?
None; the Criminal Appeal stands abated and disposed of on the death of the sole appellant, no near relative having sought leave to continue it. ¶15