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Patna High Court

BALDEO YADAV and ORSversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated because the appellants are deceased and no near relative has applied for leave to continue the appeal.

Summary

The appellants Baldeo Yadav, Janardan Yadav and Satto Yadav filed a criminal appeal (DB) No.1099 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police and the SDPO submitted reports confirming that all three appellants had died, with death certificates annexed. The Court examined these reports and noted that, under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. No relative filed any such application. Consequently, the Court held that the appeal stood abated and ordered the appeal to be disposed of, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative files an application for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.

Legislation cited

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.1099 of 2006
                 ======================================================
                 1. Baldeo Yadav, S/o late Madhu Yadav
                 2. Janardan Yadav, S/o late Dukhi Yadav
                 3. Satto Yadav, S/o late Dukhi Yadav
                 All R/o Vill. Saraigarh, P.S. - Kishanpur, District - Supaul

                                                                           ... ... Appellants
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Neeraj Kumar @ Sanid, Advocate
                 For the Respondent/s   :     APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                    Perused the report dated 09.05.2026 of the

                   Superintendent of Police, Supaul along with the report dated

                   03.05.2026 of the S.D.P.O., Supaul, wherein it is indicated that

                   during enquiry, it came to light that all the three appellants,

                   namely, Baldeo Yadav, Janardan Yadav and Satto Yadav are

                   dead and the death certificates of the appellants are annexed

                   with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.1099 of 2006(3) dt.13-05-2026
                                                        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)
shailendra/-

U       T


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