Patna High Court
RAMAKANT YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue it.
Summary
Ramakant Yadav filed a criminal appeal before the Patna High Court, but during the pendency of the appeal he died, as confirmed by a death certificate attached to a police report. The court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of the appellant. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable procedural law
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394
- Section 435
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.121 of 1997
======================================================
RAMAKANT YADAV, Son of Shri Ram Lal Yadav, R/o Village- Dhana, P.S.-
Bikram (Ranitalab), P.O. Kab, District- Patna.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-03-2026 Perused the Letter No. 484 dated 14.02.2026 of the
Senior Superintendent of Police, Patna along with the Memo
No. 541 of 2026 dated 10.02.2026 of the S.H.O., Ranitalab,
Patna, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Ramakant Yadav, 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
Patna High Court CR. APP (DB) No.121 of 1997(3) dt.13-03-2026
2/2
disposed of.
3. Let the trial court record be sent back.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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