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Patna High Court

TETAR YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.

Summary

The appellant, Tetar Yadav, filed a criminal appeal (DB) No.149 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by letters from the Senior Superintendent of Police and the Sub‑Inspector. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.149 of 2011
                 ======================================================
                 Tetar Yadav, Son of Late Parmeshwar Yadav, Resident of Village-
                 Kumarshahi, Police Station-Kahalgaon, District-Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Manish Kumar-3, Advocate
                 For the Respondent/s   :     Mr.D.Kr.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                  Perused the Letter No. 967 dated 06.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of Sub Inspector of Police cum S.H.O., Kahalgaon Police

                   Station dated 05.05.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Tetar Yadav has

                   died.

                               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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                                3. Let the trial court records be sent back to the
           Patna High Court CR. APP (DB) No.149 of 2011(4) dt.12-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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