Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.