Patna High Court
CHARITTAR YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant has died and no near relative filed an application for leave to continue.
Summary
The appellant, Charittar Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police report and a death certificate issued by the local Panchayat Samiti. 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 near relative seeks leave to continue. Since no relative filed an application to pursue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated when the appellant dies and no near relative applies for leave to continue the appeal 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
- Abatement
- Death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.45 of 2007
======================================================
Charittar Yadav, Son of Late Saghi Yadav, Resident of Village-Jagatpur,
Police Station-Naugachhia (Parbatta), District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shashi Bhushan Kumar Manglam, Advocate
Mr. Awinash Kumar, Advocate
Mr. Vikash Kumar Singh, 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)
4 08-05-2026 Perused the Letter No. 285 dated 03.05.2026 of the
Superintendent of Police, Naugachia along with the report of
Police Inspector cum S.H.O., Parbatta Police Station dated
03.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Charittar Yadav has died.
Certificate of death issued by member of Panchayat Samiti of
Gram Panchayat, Jagatpur, Bhagalpur 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
Patna High Court CR. APP (DB) No.45 of 2007(4) dt.08-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
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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