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Patna High Court

SANJAY YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of.

Summary

The appellant, Sanjay Yadav, filed a criminal appeal (DB) No.1004 of 2011 before the Patna High Court. During the pendency of the appeal, the court learned from police letters that the appellant had died. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, 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 lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 BNSS?

Legislation cited

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.1004 of 2011
                 ======================================================
                 Sanjay Yadav, S/o Late Gurhsahai Yadav @ Guddan Yadav. R/o Village -
                 Sikandara, P.S.- Sikandara, Distt. - Jamui.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ram Sewak Prasad, Adv.
                 For the Respondent/s   :     Mr. Lala Kailash Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No. 552 dated 10.05.2026 of the

                   Superintendent of Police, Jamui, along with the report dated

                   09.05.2026 of Police Inspector-cum-S.H.O., Sikandara P.S.,

                   Jamui, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Sanjay Yadav, 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.

                               3. Let the trial court record be sent back to the
             Patna High Court CR. APP (DB) No.1004 of 2011(3) dt.14-05-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)



                                                   (Harish Kumar, J)
supratim/-

U      T


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