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Patna High Court

MAHENDRA YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Mahendra Yadav, filed a criminal appeal (DB) No.211 of 2002. During the pendency of the appeal, the appellant was reported dead, as evidenced by a police letter, an inspector's report, and a death certificate. 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 the appellant dies and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record to be sent back to the concerned court.

Issues considered

  • The appeal can continue after the death of the appellant without an application by a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.211 of 2002
                 ======================================================
                 Mahendra Yadav, Son of Late Bindeshwar Yadav, Resident of Village- Barhi
                 Purbi Gote Tole, P.S.- Jai Nagar, Dist.- Madhubani.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Susheel Chandra Sinha, Adv.
                                               Mr. R P Singh, Adv.
                 For the Respondent/s   :      Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   11-05-2026                  Perused the Letter No. 395 dated 03.05.2026 of the

                   Superintendent of Police, Madhubani along with the Report

                   dated 03.05.2026 of the Inspector of Police-cum-S.H.O., Jai

                   Nagar Police Station as well as the Certificate of Death dated

                   03.05.2026 of the Mukhiya of Gram Panchayat, Raj Barhi,

                   Block- Jai Nagar, Madhubani; wherein it is indicated that the

                   sole appellant, namely, Mahendra Yadav, is dead.

                                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.211 of 2002(3) dt.11-05-2026
                                                        2/2




                      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)
shivank/-

U      T


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