Patna High Court
RAM PRAVESH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated as no near relative filed an application for leave to continue the appeal after the appellant's death.
Summary
The appellant, Ram Pravesh Yadav, died during the pendency of his criminal appeal. The court examined a letter and report confirming his death and noted that no near relative had applied for leave to continue the appeal. 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 without such an application. Consequently, the court held that the appeal stands abated. The trial court record was ordered to be sent back to the concerned court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1026 of 2009
======================================================
Ram Pravesh Yadav, S/o Late Bajrangi Mandal, R/o Village-Pariharpur, P.S.-
Sour Bazar, Dist.-Saharsa
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dharmendra Kumar Singh, Adv.
For the Respondent/s : Mr. A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 14-05-2026 Perused the Letter No. 571 dated 11.05.2026 of the
Superintendent of Police, Saharsa, along with the report dated
10.05.2026 of S.H.O., Baijnathpur P.S., Saharsa, as well as the
certificate of death issued on 10.05.2026, issued by Sarpanch,
Gram Kutchery Khajuri, Block and Circle Sour Bazar, Saharsa
(Bihar), wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Ram Pravesh 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
Patna High Court CR. APP (DB) No.1026 of 2009(7) dt.14-05-2026
2/2
disposed of.
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)
supratim/-
U T
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