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
- 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.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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