Patna High Court
RAJ NATH YADAV and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant is dead and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.
Summary
The appellants, Raj Nath Yadav and Jamuna Yadav, were found to be deceased during the pendency of their criminal appeal, as evidenced by a police report and death certificates. The court examined whether the appeal could continue in the absence of the appellants and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative seeks leave to continue it. Consequently, the appeal was declared abated and disposed of. The trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate when the appellant dies and no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394 CrPC
- Section 435 B.N.S. 2023
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.480 of 2002
======================================================
1. Raj Nath Yadav, Son of Jamuna Yadav.
2. Jamuna Yadav, Son of Late Sukhu Yadav,
Resident of Village-Salewpur, P.S. Chandi, District- Bhojpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sudish Kumar, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 05-05-2026 Perused the Letter No. 832 dated 28.04.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
dated 27.04.2026 of the Sub-Inspector, Chandi P.S., wherein it is
indicated that during enquiry it came to light that both the
appellants, namely, Rajnath Yadav and Jamuna Yadav, is dead
and the death certificate of the appellant is annexed with the
said report.
2. In view of the said report 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.480 of 2002(4) dt.05-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
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