Patna High Court
MAHESHWAR YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue under the applicable statutory provision.
Summary
The appellant Maheshwar Yadav filed a criminal appeal, but a police report dated 03.05.2026 confirmed his death and a death certificate was attached. The court examined the report and noted that 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 unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and was disposed of. The trial court record was ordered to be sent back to the concerned court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1042 of 2010
======================================================
Maheshwar Yadav, S/o Wakil Yadav, R/O Village - Bhuria Diara, P.S. Gogri,
Distt. - Khagaria
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Subodh Kumar Jha, Advocate
Mr. Roshan Kumar Mishra, Advocate
For the Respondent : Mr.A.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the report dated 03.05.2026 of the
Superintendent of Police, Khagaria along with the report dated
03.05.2026 of the Sub-Inspector of Police, Gogri Police Station,
Khagaria which indicate that the sole appellant Maheshwar
Yadav is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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.1042 of 2010(3) dt.08-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
Checking your session…