Patna High Court
RAM PRAVESH YADAV and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are dead and no near relative sought leave to continue the appeal.
Summary
The appellants, Ram Pravesh Yadav and Jalo Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, both appellants were reported dead as per police and local authority documents. The Court examined the letters and the death certificates 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 may be abated if no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased and no near relative applies for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of parties
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.451 of 1999
======================================================
1. Ram Pravesh Yadav, Son of Sita Ram Yadav
2. Jalo Yadav, Son of Late Ram Sarup Yadav
Both residents of Singhiya, P.S.- Naya Ram Nagar, Dist.- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjit Narayan, 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)
6 13-05-2026 Perused the Letter No. 621 dated 10.05.2026 of the
Superintendent of Police, Munger along with the report dated
09.05.2026 of Sub-Police Inspector-cum S.H.O., Safiasarai
Police Station, Munger as well as the Certificate of Death dated
09.05.2026 issued by Mukhiya of Gram Panchayat- Raj Singhia,
Block- Jamalpur, Dist.- Munger; wherein it is indicated that
during enquiry it came to light that both the appellants, namely,
Ram Pravesh Yadav and Jalo Yadav, are dead.
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.451 of 1999(6) dt.13-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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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