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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

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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