Patna High Court
SUBODH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of as the appellant died and no near relative applied for leave to continue.
Summary
The appellant Subodh Yadav filed a criminal appeal (DB) No.330 of 2009 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 that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S.
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.330 of 2009
======================================================
Subodh Yadav, Son of Rattan Yadav, Resident of Village-Sri Rampur, Police
Station-Akbarnagar, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar Singh, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 902 dated 03.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of S.H.O., Akbarnagar Police Station dated 03.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Subodh Yadav has died. Certificate of death of
the appellant issued by President of Nagar Panchayat,
Akbarnagar, Village-Sri Rampur, Akbarnagar Police Station,
Block-Sultanganj 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.330 of 2009(3) dt.12-05-2026
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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