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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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