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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

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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