Patna High Court
ANANDI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Anandi Yadav, filed a criminal appeal (DB) No. 491 of 2003 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined the letters from the Senior Superintendent of Police and the SHO confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue. Since no such application was made, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no near relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.491 of 2003
======================================================
Anandi Yadav, Son of Late Ram Charan Yadav, Resident of Village-Mirhatti,
Police Station-Sultanganj, District-Bhagalpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.D.K.Pandey, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 26-05-2026 Perused the Letter No. 1081 dated 16.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of S.H.O., Sultanganj Police Station dated 15.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Anandi Yadav has died. Death certificate of
the appellant issued by Department of Planning and
Development, Government of Bihar, has also been enclosed
with the said report.
2. In view of the said letters 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.491 of 2003(10) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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