Patna High Court
UDAY YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative applied for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Uday Yadav, filed a criminal appeal (DB) No.497 of 2010 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.497 of 2010
======================================================
Uday Yadav S/O Krishna Prasad R/O Vill.- Panchlowa, P.S. Islampur, Dist.-
Nalanda
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tej Narayan Singh, Adv.
For the Respondent/s : Mr. A. Kr. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Report No. 1256 dated 09.05.2026 of the
Superintendent of Police, Nalanda along with the Report dated
07.05.2026 of the Sub-Inspector of Police, Islampur Police
Station, Nalanda as well as the Certificate of Death dated
08.05.2026 of the Mukhiya of Gram Panchayat- Raj Panchlowa,
Block- Islampur, Nalanda; wherein it is indicated that the sole
appellant, namely, Uday Yadav, is dead.
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.497 of 2010(3) dt.13-05-2026
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)
shivank/-
U T
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