Patna High Court
GHENGHI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Ghenghi Yadav, died during the pendency of Criminal Appeal No.16 of 1998. The court received a police letter and death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue. Since no such application was filed, the High Court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative for leave to continue
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- section 394 CrPC
- section 435 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.16 of 1998
======================================================
Ghenghi Yadav Son of Jeout Yadav, Resident of Village-Majhaua, P.S.
Chautarwa, District-West Champaran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Ranjan Pandey, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, APP
=====================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 163 dated 05.03.2026 of the
Superintendent of Police, Bagha along with the report of SHO,
Chautarwa Police Station dated 03.03.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Ghenghi Yadav, has died. Certificate of death issued
by Panchayat Samiti Sadasya, Area No. 31, Gram Panchayat
Raj, Majhaua, Bagaha has also been enclosed with the said
report.
2. In view of the said letter 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
Patna High Court CR. APP (DB) No.16 of 1998(5) dt.01-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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