Patna High Court
TANIK YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal was abated and disposed because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Tanik Yadav, filed a criminal appeal (DB) No.252 of 2012 arising from a 2007 case. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The court examined the report and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party. Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the trial court.
Issues considered
- The death of the appellant during pendency of a criminal appeal
- Whether the appeal can continue without an application by a near relative under Section 394 CrPC
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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.252 of 2012
Arising Out of PS. Case No.-151 Year-2007 Thana- KATORIYA District- Banka
======================================================
TANIK YADAV S/O Late Manraj Yadav R/O Vill-Donihar, Ps. Katoriya
Jaipur Op, Distt-Banka
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Nurul Hoda, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-03-2026 Perused the Letter No. 188 dated 10.02.2026 of the
Superintendent of Police, Banka, along with Memo No. 334 of
2026 dated 04.02.2026 of the S.H.O., Jaipur Police Station,
Banka, wherein it is indicated that during the enquiry it came to
light that the sole appellant, namely, Tanik Yadav, is dead.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
and is disposed of accordingly.
Patna High Court CR. APP (DB) No.252 of 2012(3) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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