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
- 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.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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