Patna High Court
YOGENDRA YADAV @ MASTERversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant has died and no near relative filed an application for leave to continue.
Summary
The appellant Yogendra Yadav died during the pendency of Criminal Appeal No.1056 of 2008. The Superintendent of Police submitted a report and death certificates confirming the death. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), 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.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant.
- Whether the filing of an application by a near relative is required to revive the appeal.
- Applicability of Section 394 of the CrPC (or Section 435 of the Bharatiya Nagarik Suraksha Sanhita) to abate the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1056 of 2008
======================================================
Yogendra Yadav @ Master, s/o Uchit Lal Yadav @ Master, r/o Village-
Alinagar, Police Station-K. Nagar, District-Purnea.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dr.Bidhu Ranjan, Advocate
For the Respondent/s : Mr.D.K.Sinh, APP
============================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 05-05-2026 Perused the Letter No. 548 dated 25.04.2026 of the
Superintendent of Police, Purnea along with the report of SHO,
K Nagar, Police Station dated 24.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Yogendra Yadav @ Master, has died. Death certificate
issued by the Department of Planning and Development,
Government of Bihar, has also been enclosed with the said
report as well as certificate of death issued by Mukhiya of Gram
Panchayat Raj, Gokulpur, Block-K Nagar, Purnea have also
been enclosed with the said report.
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,
Patna High Court CR. APP (DB) No.1056 of 2008(3) dt.05-05-2026
2/2
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 records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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