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Patna High Court

AYODHYA YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue, per Section 394 CrPC.

Summary

The appellant, Ayodhya Yadav, died during the pendency of his criminal appeal. The Superintendent of Police submitted a death certificate confirming his demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya 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 High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the sole appellant without a relative filing an application for leave to continue.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1245 of 2007
                 ======================================================
                 Ayodhya Yadav, S/o Late Ram Das Yadav, R/o Village-Baraicha, P.S.
                 Nauhatta, District-Rohtas.

                                                                            ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kamla Kant Pandey, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 860 dated 04.05.2026 of the

                   Superintendent of Police, Rohtas along with the report dated

                   02.05.2026 of S.H.O. Nauhatta P.S., wherein it is indicated that

                   during enquiry, it came to light that the sole appellant, namely,

                   Ayodhya 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 Bhartiya 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.1245 of 2007(3) dt.12-05-2026
                                                          2/2




                        concerned court immediately, if not required in any other cases.



                                             (Sangam Kumar Sahoo, CJ)


                                                    ( Harish Kumar, J)
rohit/-

U         T


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