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Patna High Court

Jagdish YadavversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed as the appellant is dead and no near relative sought leave to continue.

Summary

The appellant Jagdish Yadav filed a criminal appeal (DB) No.105 of 2013 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?

Legislation cited

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.105 of 2013
                        Arising Out of PS. Case No.-94 Year-2010 Thana- BANKA District- Banka
                 ======================================================
                 Jagdish Yadav Son Of Late Parmeshwar Yadav Resident Of Village Ghiyahi,
                 P.S. Belhar, District Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Ajay Mukherjee, Advocate
                 For the Respondent/s    :       Mr. Ajay Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                    Perused the Letter No. 241 dated 12.02.2026 of the

                   Superintendent of Police, Banka, along with Memo No. 120 of

                   2026 dated 08.02.2026 of the S.H.O., Khesar Police Station,

                   Banka, wherein it is indicated that during the enquiry it came to

                   light that the sole appellant, namely, Jagdish Yadav, is dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.105 of 2013(4) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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