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Patna High Court

WAKIL YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) as no relative applied for its continuation.

Summary

The appellant, Wakil Yadav, died during the pendency of Criminal Appeal No.118 of 2007 before the Patna High Court. The court received a police letter and a death certificate confirming his demise. The issue before the court was whether the appeal could continue in the absence of any application by a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no relative seeks leave to continue it. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue the appeal?

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.118 of 2007
                 ======================================================
                 Wakil Yadav, Son of Late Nathan Yadav, Resident of Village and Post-
                 Jagatpur, Police Station-Sahu Parbatta (Naugachia), District-Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Sumant Singh, Advocate
                 For the Respondent/s     :      Mr.APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                    Perused the Letter No. 286 dated 03.05.2026 of the

                   Superintendent of Police, Naugachia along with the report of

                   Police Inspector cum S.H.O., Parbatta Police Station dated

                   03.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Wakil Yadav has died. Certificate

                   of death issued by Member of Panchayat Samiti of Gram

                   Panchayat, Jagatpur, Block-Naugachia (Bhagalpur) has also

                   been enclosed with the said report.

                                  2. In view of the said letters 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.118 of 2007(5) dt.08-05-2026
                                                       2/2




                     disposed of.

                                 3. Let the trial court records be sent back to the

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



                                                        (Sangam Kumar Sahoo, CJ)



                                                               (Harish Kumar, J)

ranjan/-

U


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