Patna High Court
RAM BALAK YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Ram Balak Yadav, filed a criminal appeal which was pending when he died, as confirmed by official letters and a death certificate. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which requires a near relative to seek leave to continue an appeal after the appellant's death. No such application was filed by any relative. Consequently, the court held that the appeal could not proceed and was abated. The trial court record was 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 in the absence of an application by a near relative under Section 394 CrPC/Section 435 B.N.S. 2023?
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.396 of 2001
======================================================
Ram Balak Yadav, son of Late Balbhadra Yadav, resident of Village-
Khardiyara, Police Station & District- Khagaria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Sumiran Rai, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 14-05-2026 Perused the Letter No. 634, dated 13.05.2026 of the
Superintendent of Police, Khagaria along with the Report dated
12.05.2026 of S.H.O., Sahebpur Kamal Police Station as well as
the Death Certificate dated 08.04.2015 of the Department of
Planing and Development, Directorate of Statistics and
Evaluation, Government of Bihar, wherein it is indicated that
the sole appellant, namely, Ram Balak Yadav, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.396 of 2001(7) dt.14-05-2026
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)
uday/- (Harish Kumar, J)
U T
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