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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

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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