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Patna High Court

JYOGI YADAV @ YOGENDAR YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Jyogi Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant was found to have died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a party or a relative seeking 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 lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal.

Legislation cited

Subjects

  • Criminal appeal
  • Abatement
  • Death of appellant
  • Section 394 CrPC
  • Section 435 BNS 2023
  • Procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.1348 of 2007
                 ======================================================
                 Jyogi Yadav @ Yogendar Yadav, S/o Kartic yadav, R/o Village-Basmata, P.S.-
                 Lakanpur, Dist.-Jamuai

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Ramadhar Singh, Adv.
                                               Mr. Rajeev Kumar Sinha, 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)

6   11-05-2026                  Perused the Letter No. 536 dated 06.05.2026 of the

                   Superintendent of Police, Jamui along with the Memo No. 1264

                   of 2026, dated 02.05.2026 of Police Inspector-cum-S.H.O.,

                   Lakshmipur P.S., Jamui as well as the Death Certificate dated

                   10.02.2013 issued by the Department of Planning and

                   Development, Government of Bihar, wherein it is indicated that

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

                   Jyogi Yadav @ Yogendar 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
             Patna High Court CR. APP (DB) No.1348 of 2007(6) dt.11-05-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       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)
supratim/-

U      T


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