Patna High Court
Rameshwar YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Rameshwar Yadav, died during the pendency of his criminal appeal. The court examined a letter from the Superintendent of Police and a police report confirming the death, along with the 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 no near relative files an application for leave to continue it. Since no such application was filed, 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
- The appeal can continue after the death of the appellant without a relative's application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.213 of 2014
Arising Out of PS. Case No.-78 Year-2011 Thana- KHUDAGANJ District- Nalanda
======================================================
Rameshwar Yadav Son Of Late Kuldeep Yadav Resident Of Village
Pachrukhia, Police Station - Khudaganj, District - Nalanda
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anil Kumar Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 24-04-2026 Perused the Letter No. 432 dated 14.02.2026 of the
Superintendent of Police, Nalanda, along with the Report dated
10.02.2026 of the S.H.O., Khudaganj Police Station, Nalanda as
well as the Death Certificate, which was issued by the
Department of Planning and Development, Government of
Bihar; wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Rameshwar 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.213 of 2014(4) dt.24-04-2026
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)
Neha/-
U
Checking your session…