Patna High Court
JAGDISH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant Jagdish Yadav filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. 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 for abatement of proceedings when the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated. The trial court records were ordered to be sent back to the lower court. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative under Section 394 CrPC.
- Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement of the appeal in such circumstances.
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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.394 of 2005
======================================================
Jagdish Yadav, Son of Late Ramdat Yadav, Resident of Village-Baisadh,
Police Station-Kumarkhand, District-Madhepura.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sharda Nand Mishra, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 08-05-2026 Perused the Letter No. 764 dated 02.05.2026 of the
Superintendent of Police, Madhepura along with the report of
Sub Inspector of Police, Kumarkhand Police Station,
Madhepura dated 30.04.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Jagdish Yadav has
died. Certificate of death issued by Mukhiya of the Ward No. 7
Police Station- Kumarkhand, Madhepura 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.394 of 2005(7) dt.08-05-2026
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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