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
- 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.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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