Patna High Court
SANJAY YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue the appeal.
Summary
The appellant, Sanjay Yadav, filed a criminal appeal (DB) No.515 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police report and death certificate. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the court ordered the appeal to stand abated and disposed of, and directed the trial court record to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal under the applicable procedural law?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.515 of 2002
======================================================
Sanjay Yadav Son of Jai Kishore Yadav, Resident of Village Uthesra, P.S.
Salakhua, District- Saharasa.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Praphul Chandra Jha, Advocate
Mr. Keshaw Kumar Jha, Advocate
Mr. Rahul Kumar, Advocate
For the Respondent/s : Mr. 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. 596 dated 24.04.2026 of the
Superintendent of Police, Madhepura along with the report
dated 23.04.2026 of the S.H.O., Salkhua P.S., Saharsa, wherein
it is indicated that during enquiry it came to light that the sole
appellant, namely, Sanjay 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
disposed of.
Patna High Court CR. APP (DB) No.515 of 2002(4) dt.05-05-2026
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)
guddukr/-
U T
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