Patna High Court
Parsuram Yadav @ ParsuversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue.
Summary
The appellant, Parsuram Yadav, filed a criminal appeal (DB) No.52 of 2015 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The court examined the report and noted that 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 the appellant is deceased and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the criminal appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- 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.52 of 2015
Arising Out of PS. Case No.-53 Year-2010 Thana- BAUNSI District- Banka
======================================================
Parsuram Yadav @ Parsu, Son of Biro Yadav Resident of vill-Jhalar, P.S-
Bounsi, Distt.-Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Kumar Sinha, Advocate
For the Respondent/s : Mr. D.K.Shina, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.250 dated 12.02.2026 of the
Superintendent of Police, Banka along with the Report dated
10.02.2026 of SHO, Bandhuakurawa Police Station, wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Parsuram Yadav @ Parsu, 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.52 of 2015(4) dt.19-03-2026
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)
uday/-
U T
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