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Patna High Court

INDRA DEO YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Indra Deo Yadav, filed a criminal appeal (DB) No.127 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant was reported dead, as evidenced by a letter from the Superintendent of Police and accompanying police reports. The Court examined the applicability of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative seeks continuation. Since no relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies before the appeal is decided and no near relative applies for its continuation?

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.127 of 2012
                     Arising Out of PS. Case No.-90 Year-2005 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Indra Deo Yadav S/O Late Shyamlal Yadav Resident Of Village- Bhatt Bigha,
                 P.S.- Deep Nagar, District- Nalanda

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Pramod Kumar, Advocate
                 For the Respondent/s    :       Mr. A. Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   03-04-2026                 Perused the Letter No. 333 dated 11.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   10.02.2026 of Inspector of Police-cum-SHO, Dipnagar Police

                   Station as well as the Report dated 11.02.2026 of the Ward

                   Councilor of Ward No. 51, Bihar Sharif Municipal Corporation;

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Indra Deo Yadav, is dead.

                               2. In view of the said letter 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.127 of 2012(8) dt.03-04-2026
                                                        2/2




                      disposed of.

                                   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)
shivank/-

U      T


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