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Patna High Court

Ranjan YadavversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative sought leave to continue.

Summary

The appellant, Ranjan Yadav, filed a criminal appeal (DB) No.1146 of 2012 before the Patna High Court. While the appeal was pending, the appellant died, as evidenced by a police letter, reports, and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of, directing the trial court record 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

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.1146 of 2012
                         Arising Out of PS. Case No.-98 Year-2007 Thana- FATUA District- Patna
                 ======================================================
                 Ranjan Yadav, S/O Devani Yadav, Resident of Village- Dost Mohamadpur,
                 P.S.- Fatuha, Dist.- Patna

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pramod Kumar, Advocate
                 For the Respondent/s    :        Mr. D.K. Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   03-04-2026                   Perused the Letter No. 501 dated 16.02.2026 of the

                   Senior Superintendent of Police, Patna along with the Report

                   dated 09.02.2026 of the Sub-Inspector of Police, Fatuha Police

                   Station, Patna as well as Report dated 16.02.2026 of the

                   Mukhiya of Gram Panchayat Raj Bankipur, Machhariyawa,

                   Block- Daniyawan, Patna and the Death Certificate of the

                   appellant issued by the Department of Planning and

                   Development, Government of Bihar; wherein it is indicated that

                   the sole appellant, namely, Ranjan 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,
            Patna High Court CR. APP (DB) No.1146 of 2012(3) dt.03-04-2026
                                                        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 record be sent back to the

                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)



                                                  (Harish Kumar, J)
shivank/-

U      T


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