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Patna High Court

CHANDO YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of as the appellant is deceased and no relative has applied for leave to continue.

Summary

The appellant, Chando Yadav, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police reports dated 6 May 2026 and 4 May 2026. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed of. The trial court record was directed to be sent back to the lower court for any further necessary action.

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.

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.1233 of 2006
                 ======================================================
                 Chando Yadav, son of Late Sahdeo Yadav, Resident of Village- Mushapur,
                 P.S. Barbigha, District- Shekhpura

                                                                                ... ... Appellant
                                                      Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Binit Kumar, Advocate
                 For the Respondent    :         Mr.Tej Narayan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                 Perused     the    report       dated   06.05.2026     of    the

                   Superintendent of Police, Shekhpura along with the report dated

                   04.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Kewati

                   Police Station, Shekhpura, which indicate that the sole appellant

                   Chando Yadav is dead and the death certificate of the appellant

                   is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.1233 of 2006(4) dt.13-05-2026
                                                       2/2




                     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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