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Patna High Court

BHOLA YADAV @ PANKAJ YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) because the appellant is deceased and no near relative applied for its continuation.

Summary

The appellant, Bhola Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a letter from the Superintendent of Police and a report from the SHO. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which stipulate that an appeal is abated if the appellant dies and no near relative applies for its continuation. Since no relative filed an application for leave to continue the appeal, 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

  • Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application for its continuation?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law
  • CrPC
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.452 of 2001
                 ======================================================
                 Bhola Yadav @ Pankaj Yadav, son of late Asharphi Lal Yadav, resident of
                 Village- Kharki Kuanwa, P.S.- Chakia, District- East Champaran at Motihari.

                                                                            ... ... Appellant/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Rana Bhupendra Nr. Singh, Advocate
                                               Ms. Babita Kumari, 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)

3   19-03-2026                  Perused the Letter No.406 dated 23.02.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the Report No. 608 dated 20.02.2026 of SHO, Chakiya Police

                   Station, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Bhola Yadav @ Pankaj

                   Yadav, is died.

                                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.452 of 2001(3) dt.19-03-2026
                                                         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)
uday/-

U        T


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