Patna High Court
RAMPRAVESH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue, as per Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Rampravesh Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application seeking leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, governing abatement of appeals upon the death of a party. Accordingly, the Court held that in the absence of a relative's application, the appeal must abate. The appeal was therefore disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- Section 394 CrPC
- Section 435 B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.376 of 2006
======================================================
Rampravesh Yadav S/o Ram Yadav, R/o- Vill.- Singhia, P.S.- Nayaram Nagar,
District- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Shankar Das, Advocate
For the Respondent/s : APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
11 13-05-2026 Perused the report dated 10.05.2026 of the
Superintendent of Police, Munger along with the report dated
07.05.2026 of the Sub-Inspector of Police-cum-S.H.O., Safia
Sarai P.S., wherein it is indicated that during enquiry, it came to
light that the sole appellant, namely, Rampravesh Yadav is dead
and the death certificate of the appellant is annexed with the
said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.376 of 2006(11) 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)
shailendra/-
U T
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