Patna High Court
SAHDEO YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita) because the appellant died and no near relative filed an application for leave to continue.
Summary
The appellant, Sahdeo Yadav, filed a criminal appeal (DB) No.309 of 2000 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. 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 the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative applies for leave to continue the appeal under Section 394 CrPC?
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.309 of 2000
======================================================
Sahdeo Yadav, Son of Sri Mukhlal Yadav, Resident of Village-Bisafi Tole
Dudhiya, Police Station-Bisfi, District-Madhubani.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Susheel Chandra Sinha, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 15-05-2026 Perused the Letter No. 298 dated 20.04.2026 of the
Superintendent of Police, Madhubani along with the report of
Sub Inspector of Police, Bisfi Police Station dated 17.04.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Sahdeo Yadav has died. Certificate of death of
the appellant issued by Mukhiya of Gram Panchayat Raj, Bisfi,
Block-Bisfi, District-Madhubani has also been enclosed with the
said report.
2. In view of the said letters 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
Patna High Court CR. APP (DB) No.309 of 2000(3) dt.15-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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