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Patna High Court

HARI YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abates and is disposed of when the sole appellant dies and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.

Summary

The appellant, Hari Yadav, died while his criminal appeal was pending before the Patna High Court. The court examined a police letter and death certificate confirming his death. The issue was whether the appeal could proceed in the absence of a surviving relative filing an application to continue it. 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 an appeal abates if no near relative seeks leave to continue. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back.

Issues considered

  • Does a criminal appeal abate upon the death of the sole appellant when no near relative applies 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.325 of 2003
                 ======================================================
                 Hari Yadav Son of Sanup Lal Yadav @ Sanful Yadav, Resident of Village-
                 Sheikhpura, P.S. Bhargama, District-Araria.

                                                                               ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Girish Prasad Gupta, Advocate
                 For the Respondent/s    :       Mr. S.N. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   01-05-2026                    Perused the Letter No. 206 dated 12.02.2026 of the

                   Superintendent of Police, Araria along with the report of Police

                   Sub Inspector, Bhargama Police Station dated 08.02.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Hari Yadav, has died. Certificate of death

                   issued by Sarpanch of Block-Bhargama, District-Ararai has also

                   been enclosed with the said report.

                                  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.325 of 2003(4) dt.01-05-2026
                                                       2/2




                                  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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