Patna High Court
Kapildeo YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant died and no near relative applied for leave to continue.
Summary
Kapildeo Yadav appealed against his conviction by the State of Bihar in Criminal Appeal (DB) No.473 of 2014. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the Sub‑Inspector. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of criminal proceedings upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court found no basis to proceed. Consequently, the appeal was held to stand abated and was disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant under Section 394 CrPC/Section 435 B.N.S. 2023
- Whether the appeal can be continued if a near relative files an application for leave to continue
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- criminal procedure
- appeal disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.473 of 2014
Arising Out of PS. Case No.-298 Year-2009 Thana- MAJHAULIA District- West Champaran
======================================================
Kapildeo Yadav, son of Late Mathura Yadav Resident of village Charhariya,
P.S. Majhaulia, District West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar, Advocate
For the Respondent/s : Mr. D.K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 19-03-2026 Perused the Letter No.250 dated 18.02.2026 of the
Superintendent of Police, West Champaran, Bettiah along with
the Report dated 13.02.2026 of Sub-Inspector of Police,
Majhauliya Police Station, West Champaran, Bettiah wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Kapildeo 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.473 of 2014(5) 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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