Patna High Court
ASHOK YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the death of the appellant without any application from a near relative.
Summary
The appellant, Ashok Yadav, filed a criminal appeal (DB) No.1507 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. 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 Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal cannot proceed. Consequently, the court ordered that the criminal appeal stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1507 of 2007
======================================================
Ashok Yadav son of Narayan Yadav, resident of village Madhurapur, Police
Station Bhawanipur (Bihpur) District Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vivekanand Singh, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 08-05-2026 Perused the Letter No. 280 dated 03.05.2026 of the
Superintendent of Police, Naugachhia, Bhagalpur along with the
report dated 03.05.2026 of the Police Inspector-cum-S.H.O.,
Bhawanipur P.S., Bhagalpur, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely, Ashok
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.
Patna High Court CR. APP (DB) No.1507 of 2007(5) dt.08-05-2026
2/2
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)
shailendra/-
U
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