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Patna High Court

SHYAM SUNDER YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.

Summary

The appellant, Shyam Sunder Yadav, died before the conclusion of his criminal appeal. The court examined police reports and the death certificate confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. No relative applied for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and 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 2009
                 ======================================================
                 Shyam Sunder Yadav, Son of Late Chet Narayan Yadav, Resident of Village-
                 Rangapathar, P.S.- Katoria, Dist.- Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ajay Mukherjee, Adv.
                 For the Respondent/s   :     Mr. G. P. Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-05-2026                   Perused the Report No. 810 dated 03.05.2026 of the

                   Superintendent of Police, Banka along with the Report dated

                   30.04.2026 of the Sub-Inspector of Police-cum-S.H.O., Jandaha

                   O.P., Banka as well as the Death Certificate dated 30.05.2015

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that the sole

                   appellant, namely, Shyam Sunder 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.325 of 2009(5) dt.13-05-2026
                                                        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)
shivank/-

U      T


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