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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

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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