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Patna High Court

JAGDEO YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC.

Summary

The appellant, Jagdeo Yadav, filed a criminal appeal (DB) No.265 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as confirmed by a police superintendent's letter and reports from the investigating officers. The court examined whether the appeal could continue in the absence of the appellant and without any application from a near relative. Relying on 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 must abate if no relative seeks leave to continue it. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue the appeal?

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.265 of 2006
                 ======================================================
                 Jagdeo Yadav, Son of – Late Gobind Yadav, Residence of Village – Rajajan,
                 P.S. - Mansi, Dist- Khagariya.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Arbind Kumar, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   17-04-2026                 Perused the Letter No. 271 dated 07.03.2026 of the

                   Superintendent of Police, Khagaria along with the Report dated

                   06.03.2026 of S.H.O, Mansi Police Station and the Report dated

                   06.03.2026 of the Up-Mukhiya of Gram Panchayat-Raj

                   Paschimi Thatha, Block-Mansi, Khagaria; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Jagdeo 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

                   disposed of.
             Patna High Court CR. APP (DB) No.265 of 2006(4) dt.17-04-2026
                                                         2/2




                                    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)
supratim/-

U      T


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