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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

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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