Patna High Court
YOGENDRA CHAUDHARYversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Summary
The appellant, Yogendra Chaudhary, filed a criminal appeal (DB) No.172 of 2011 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 Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. No near relative filed an application for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative seeks leave to continue the appeal under the applicable procedural law?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.172 of 2011
======================================================
Yogendra Chaudhary, S/O Late Sheo Narain Chaudhary, R/O Village-Khar,
P.S.-Darauli, Distt.-Siwan
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghav Prasad, Advocate
For the Respondent/s : Mr. A.Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Letter No. 535 dated 08.05.2026 of the
Superintendent of Police, Siwan, along with the report dated
07.05.2026 of S.H.O.- Dharauli P.S., Siwan, as well as the
Death Certificate issued on 03.06.2025, issued by Department
of Planning and Development, Government of Bihar, wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Yogendra Chaudhary, 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.172 of 2011(4) dt.13-05-2026
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)
supratim/-
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