Patna High Court
RABO YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC as no relative applied for leave to continue it.
Summary
The appellant, Rabo Yadav, filed a criminal appeal (DB) No.253 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate attached to police reports. No near relative filed an application for leave to continue the appeal. The Court, invoking Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal cannot proceed. Consequently, the appeal was abated and disposed of. The trial court record was ordered to be sent back to the lower court for any further necessary action.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
- Applicability of Section 394 CrPC (now Section 435 B.N.S. 2023) to abate the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.253 of 2009
======================================================
Rabo Yadav, Son Of Debali Yadav, Resident Of Village- Isha Nagar, P.S.-
Ghoswari, District- Patna
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anjani Kumar, Advocate
For the Respondent/s : Mr. Manish Kumar-2, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 11-05-2026 Perused the Letter No. 1881 dated 04.05.2026 of the
Senior Superintendent of Police, Patna along with report dated
01.05.2026 of the S.H.O., Ghoswari P.S., wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Rabo Yadav, is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said reports 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.253 of 2009(9) dt.11-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.