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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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