Patna High Court
KAMALESH KUMAR YADAV @ KAMALESH YADAV @ KAMALESH KUMARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue the appeal after the appellant's death.
Summary
The appellant, Kamalesh Kumar Yadav, filed a criminal appeal (DB) No.1205 of 2010 before the Patna High Court. The court received reports confirming that the appellant had died, along with his death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1205 of 2010
======================================================
Kamalesh Kumar Yadav @ Kamalesh Yadav @ Kamalesh Kumar, Son of
Saryug Yadav, resident of Village Mansurchak, P.S. Kako Dist. Jehanabad
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Ajay Kumar Sinha, Advocate
For the Respondent : Mr.D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the report dated 03.05.2026 of the
Superintendent of Police, Jehanabad along with the report dated
02.05.2026 of the Station House Officer, Bhelawar Police
Station, Jehanabad, which indicate that the sole appellant
Kamalesh Kumar Yadav @ Kamalesh Yadav @ Kamalesh
Kumar is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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
disposed of.
Patna High Court CR. APP (DB) No.1205 of 2010(3) dt.08-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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