Patna High Court
ARUN YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed because the appellant is dead and no near relative applied for leave to continue under the applicable statutory provision.
Summary
The appellant, Arun Yadav, filed a criminal appeal (Cr. App. DB No.504 of 2012) against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs the abatement of appeals upon the death of a party. Since no near relative filed an application seeking leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the trial court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita)
- Whether the absence of an application by a near relative for leave to continue the appeal mandates disposal of the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.504 of 2012
Arising Out of PS. Case No.-42 Year-2009 Thana- KATORIYA District- Banka
======================================================
ARUN YADAV S/O Janardhan Yadav R/O Village - Garura, P.S. Katoriya,
District - Banka
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Nurul Hoda, Advocate
For the State : Mr. Sujit Kumar Singh, A.P.P.
For the Informant : Mr. Brijnandan Prasad, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-03-2026 Perused the Letter No. 248 dated 12.02.2026 of the
Superintendent of Police, Banka, along with Memo No. 490 of
2026 dated 09.02.2026 of the S.H.O., Katoriya Police Station,
Banka, wherein it is indicated that during the enquiry it came to
light that the sole appellant, namely, Arun Yadav, is dead and the
death certificate of the appellant is annexed with the said report.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
and is disposed of accordingly.
Patna High Court CR. APP (DB) No.504 of 2012(3) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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