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Patna High Court

SHAMBHU YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and the absence of an application by a near relative.

Summary

The appellant, Shambhu Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Department of Planning and Development and a certificate from the Gram Panchayat Sarpanch. The court examined a letter from the Superintendent of Police and a police report confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without a petition from a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law
  • section 394 CrPC
  • section 435 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.186 of 2008
                 ======================================================
                 Shambhu Yadav, s/o Late Buchi Yadav, Resident of Village-Harnathpur,
                 Police Station-Mohania, District-Kaimur (Bhabhua)

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Viveka Nand Singh, Advocate
                 For the Respondent/s    :       Mr.Dilip Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   07-05-2026                    Perused the Letter No. 625 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur at Bhabhua along with the

                   report of Sub Inspector of Police cum S.H.O., Mohania Police

                   Station dated 30.04.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Shambhu Yadav

                   has died. Death certificate of the appellant issued by Department

                   of Planning and Development, Government of Bihar, Patna as

                   well as certificate of death issued by Sarpanch of Gram

                   Panchayat Mujaan, Block-Mohaniya, District-Kaimur, 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,
           Patna High Court CR. APP (DB) No.186 of 2008(3) dt.07-05-2026
                                                       2/2




                     since no near relative has filed any application for leave to

                     continue the appeal, the Criminal Appeal stands abated and

                     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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