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Patna High Court

KAMESHWAR YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

A criminal appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue the appeal under Section 394 of the CrPC.

Summary

The appellant, Kameshwar Yadav, filed a criminal appeal (DB) No.1511 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The Court examined the applicable provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide 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 abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal stand abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?

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.1511 of 2007
                  ======================================================
                  Kameshwar Yadav, Son of Late Dukhan Yadav, Resident of Mohalla- Parbatti,
                  P.S.- Tatarpur (Kotwali), Dist.- Bhagalpur.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Ashutosh Kumar, 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)

11   14-05-2026                    Perused the Letter No. 742 dated 29.04.2026 of the

                    Senior Superintendent of Police, Bhagalpur,           along with the

                    report dated 25.04.2026 of S.H.O., University P.S., Bhagalpur,

                    as well as the Death Certificate issued on 09.02.2024, by the

                    Registrar (Birth & Death), Municipal Corporation, Bhagalpur,

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

                    the sole appellant, namely, Kameshwar 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

                    continue the appeal, the Criminal Appeal stands abated and

                    disposed of.
           Patna High Court CR. APP (DB) No.1511 of 2007(11) dt.14-05-2026
                                                       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)
Anjani/-

U      T


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