Patna High Court
TUKLAL YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Tuklal Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police letter and a death certificate. 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 applies for leave to continue it. No such application was filed. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
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.1054 of 2011
======================================================
Tuklal Yadav S/O Late Semak Yadav Resident Of Village- Budgayoi, P.O.-
Basapipara, At P.S.- Fatehpur, District- Gaya
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate
For the Respondent/s : Mr. Ajay Mishra , APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 26-05-2026 Perused the Letter No. 1505 dated 14.05.2026 of
the Senior Superintendent of Police, Gaya, along with the
Report dated 13.05.2026 of the Police Inspector-cum-S.H.O.,
Fatehpur Police Station, Gaya Ji as well as the Death Certificate,
which was issued by the Department of Planning and
Development, Government of Bihar; wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Tuklal Yadav, is dead.
2. In view of the said letter 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.1054 of 2011(5) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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