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