Patna High Court
Raj Kishore YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of when the appellant dies and no near relative files an application for leave to continue the appeal.
Summary
The appellant, Raj Kishore Yadav, filed a criminal appeal (DB) No.302 of 2013 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined 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 when a party dies and no near relative applies to continue the case. Since no relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC (or its equivalent)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.302 of 2013
Arising Out of PS. Case No.-189 Year-1986 Thana- ISLAMPUR District- Nalanda
======================================================
Raj Kishore Yadav S/O Ramji Yadav R/O Village- Banauli, P.S.- Rajgir,
District- Nalanda
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amaresh Kumar, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 24-04-2026 Perused the Letter No. 416 dated 24.02.2026 of the
Superintendent of Police, Nalanda along with the Report dated
10.02.2026 of the Sub-Inspector-cum-S.H.O, Silao Police
Station, Nalanda, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Raj Kishore 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.302 of 2013(3) dt.24-04-2026
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)
Neha/-
U
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