Patna High Court
SUBHAK YADAV @ SUBHAG YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the provisions of Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Subhak Yadav, filed a criminal appeal (DB) No.1209 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a police letter and a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?
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.1209 of 2007
======================================================
Subhak Yadav @ Subhag Yadav, Son of Late Khushur Yadav, Resident of
Village- Sattar Tola, Simra P.S.- Bihara, Dist.- Saharsa
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiva Shankar Sharma, Adv.
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 14-05-2026 Perused the Letter No. 583 dated 11.05.2026 of the
Superintendent of Police, Saharsa, along with the report dated
11.05.2026 of S.H.O., Bihara Thana P.S., Saharsa, as well as
the Certificate of Death issued by Up-Mukhiya, Gram
Panchayat, Sattar, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Subhak Yadav @
Subhag Yadav, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.1209 of 2007(5) dt.14-05-2026
2/2
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)
Anjani/-
U T
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