Patna High Court
RAMDEO YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Ramdeo Yadav, filed Criminal Appeal (DB) No.381 of 2005 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a letter from the Superintendent of Police and a death certificate. The court examined the effect of the appellant’s death 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, an appeal abates if no near relative files an application for leave to continue. Since no such application was filed, the court held that the appeal stands abated. Accordingly, the appeal was disposed of and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does the death of the appellant, without any application by a near relative, result in the abatement of a pending criminal appeal under Section 394 CrPC (now Section 435 B.N.S. 2023)?
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
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.381 of 2005
======================================================
Ramdeo Yadav, Son of Late Dhanraj Yadav, Resident of Village-Garhia, P.S.-
Kumarkhand, District-Madhepura.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dinesh Prasad Verma, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 06-05-2026 Perused the Letter No. 721 dated 30.04.2026 of the
Superintendent of Police, Madhepura, along with the Report
dated 29.04.2026 of the Sub-Inspector of Police, Kumarkhand
Police Station, Madhepura as well as the Death Certificate,
which was issued by the Department of Planning and
Development, Government of Bihar; wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Ramdeo 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
Patna High Court CR. APP (DB) No.381 of 2005(5) dt.06-05-2026
2/2
disposed of.
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)
Neha/-
U
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