Patna High Court
RAM SHARAN 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, pursuant to Section 394 CrPC (Sec. 435 B.N.S. 2023).
Summary
The appellant, Ram Sharan Yadav, filed a criminal appeal (DB) No. 397 of 2003 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. The court examined the report and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.397 of 2003
======================================================
Ram Sharan Yadav, Son Of Taso Yadav, Resident Of Village Malipur, P.S.
Garhpura, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Kumar Thakur, Advocate
Mr. Nilesh Kumar, Advocate
Md. Imteyaz Ahmad, 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. 1098 dated 29.04.2026 of
the Superintendent of Police, Begusarai along with the report
dated 29.04.2026 of the S.H.O., Garhpura P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Ram Sharan Yadav, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said report 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.397 of 2003(7) dt.08-05-2026
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)
guddukr/-
U T
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