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