Patna High Court
BINDESHWARI PRASAD YADAV @ BINDESHWARI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because no near relative filed an application for leave to continue the appeal after the appellant’s death.
Summary
The appellant, Bindeshwari Prasad Yadav, died during the pendency of his criminal appeal against the State of Bihar. The Superintendent of Police submitted a report and death certificate confirming the appellant’s demise. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which require a near relative to apply for leave to continue an appeal after the appellant’s death. No such application was filed by any near relative. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (Sec. 435 BNS Sanhita).
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.190 of 2007
======================================================
BINDESHWARI PRASAD YADAV @ BINDESHWARI YADAV, son of
Late Basuki Prasad Yadav Resident of village – Jagatpur, P.S.- Sahu Parbatta
(Naughachia), P.O. - Jagatpur, District- Bhagalpur.
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 290 dated 03.05.2026 of the
Superintendent of Police, Naugachhia, Bhagalpur along with the
report dated 03.05.2026 of the Police Inspector-cum-S.H.O.
Parbatta P.S., Shambhuganj, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely,
Bindeshwari Prasad Yadav @ Bindeshwari Yadav, is dead and
the death certificate of the appellant is annexed with the said
report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.190 of 2007(3) dt.08-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
shailendra/-
U
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