Patna High Court
VIJENDRA YADAV @ BIJENDRA YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Vijendra Yadav, died before the hearing of his criminal appeal. The court examined the police report and death certificate confirming his death. 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.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without a petition from a near relative.
- Whether the provisions of Section 394 CrPC (now Section 435 B.N.S. 2023) mandate 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.412 of 1998
======================================================
Vijendra Yadav @ Bijendra Yadav, Son of Late Adhik Lal Yadav, Resident of
Village- Bhelwa, P.S.- Sour Bazar, Dist.- Saharsa.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjan Kumar Jha, Adv.
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 12-05-2026 Perused the Report No. 457 dated 08.05.2026 of the
Superintendent of Police, Saharsa along with the Report dated
05.05.2026 of the S.H.O., Saurbazar Police Station, Saharsa as
well as the Certificate of Death dated 04.05.2026 of the Ward
Member of Ward Number-09, Gram Panchayat- Ajgaiba, Block-
Saurbazar, Saharsa; wherein it is indicated that the sole
appellant, namely, Vijendra Yadav @ Bijendra 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
disposed of.
Patna High Court CR. APP (DB) No.412 of 1998(5) dt.12-05-2026
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)
shivank/-
U T
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