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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

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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