Patna High Court
NEMDHARI YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue the appeal under the relevant statutory provision.
Summary
The appellant, Nemdhari Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal cannot proceed. Consequently, the court ordered the appeal to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under the applicable procedural provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.477 of 2008
======================================================
Nemdhari Yadav, son of Late Jai Singh Yadav, Resident of Village- Krini,
Police Station- Nawanagar, District- Buxar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Sajid Salim Khan, Advocate
For the Respondent : Smt. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the report dated 04.05.2026 of the
Superintendent of Police, Buxar along with the report dated
30.04.2026 of the Assistant Sub-Inspector of Police, Nawanagar
Police Station, Buxar, which indicate that the sole appellant
Nemdhari Yadav is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said reports 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
Patna High Court CR. APP (DB) No.477 of 2008(4) dt.26-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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