Patna High Court
MAHENDRA PRASAD YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant Mahendra Prasad Yadav filed a criminal appeal, but during the pendency the appellant died, as evidenced by a death certificate dated 14-10-2022. The Senior Superintendent of Police submitted a letter and the SHO's report confirming the death. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal cannot proceed without such an application. Consequently, the appeal was deemed abated and disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the Code of Criminal Procedure, 1973 (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
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.254 of 2002
======================================================
Mahendra Prasad Yadav Son of Late Mahadeo Prasad Yadav, Resident of
Mohalla Jogeshwar, Police Station Kotwali, District Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Kumar Sinha 1, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 27-02-2026 Perused the Letter No.292 dated 09.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of SHO, Jogsar police station dated 06.02.2026, wherein
it is indicated that during enquiry it came to light that the sole
appellant Mahendra Prasad Yadav, has died. A photocopy of the
death certificate of the appellant Mahendra Prasad Yadav issued
by the Dy. Registrar, Birth and Death, Bhagalpur Municipal
Corporation, Bhagalpur, Bihar on 14.10.2022, has also been
enclosed.
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,
Patna High Court CR. APP (DB) No.254 of 2002(3) dt.27-02-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
(Sangam Kumar Sahoo, CJ)
(Nawneet Kumar Pandey, J)
ranjan/-
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