Patna High Court
SARYU YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue.
Summary
The appellant, Saryu Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as recorded in a police letter and the SHO’s report. 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 application is made to revive it. Accordingly, the Court held that the appeal stands abated and ordered its disposal. The order was pronounced by the Chief Justice and Justice Nawneet Kumar Pandey.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.357 of 2003
======================================================
Saryu Yadav Son of Late Surya Nath Yadav, Resident of Village itra Khairi,
Police Station Kasoma, District Aurangabad.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay, Sr. Advocate
Mr. Rakesh Kumar Ranjan, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 27-02-2026 Perused the Letter No.402 dated 10.02.2026 of the
Deputy Superintendent of Police, Aurangabad along with the
report of SHO, Kasma police station, Aurangabad dated
09.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Saryu Yadav, has died.
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
Patna High Court CR. APP (DB) No.357 of 2003(3) dt.27-02-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
(Sangam Kumar Sahoo, CJ)
(Nawneet Kumar Pandey, J)
ranjan/-
U
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