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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

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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