Patna High Court
RAMDEO YADAV and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal is abated and must be disposed of when the appellant dies and no near relative applies for leave to continue under the applicable statutory provision.
Summary
The criminal appeal filed by Ramdeo Yadav and Ramratan Prasad against the State of Bihar was pending when the Superintendent of Police reported that both appellants had died, a fact corroborated by death certificates issued by the Gram Panchayat Mukhiya. The Court examined the effect of the appellants' deaths on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It noted that, in the absence of a near relative filing an application for leave to continue the appeal, the procedural rule mandates abatement. No such application was filed. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing that the trial‑court records be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative seeks leave to proceed under Section 394 CrPC/Section 435 BNS?
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
- Section 435 BNS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.343 of 2004
======================================================
1.Ramdeo Yadav, Son of Late Dhunmun Yadav.
2.Ramratan Prasad, Son of Late Parsadi Mahto.
Both resident of village-Mathura, P.O. Jagdishpur Tiyari, Police Station-
Noorsarai, District-Nalanda at Biharsharif.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 1388 dated 12.05.2026 of the
Superintendent of Police, Nalanda along with the report of
Police Inspector cum S.H.O., Noorsarai Police Station dated
16.02.2026, wherein it is indicated that during enquiry it came
to light that the appellants Ramdeo Yadav and Ramratan Prasad
have died. Certificate of death of the appellants issued by
Mukhiya of Gram Panchayat Raj, Jagdishpur Tiyari, Block-
Noorsarai, Nalanda have also been enclosed with the said
reports.
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,
Patna High Court CR. APP (DB) No.343 of 2004(3) dt.26-05-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
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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