Patna High Court
Sunder YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative has applied for leave to continue.
Summary
The appellant, Sunder Yadav, filed a criminal appeal (DB) No.531 of 2015 before the Patna High Court. During the pendency of the appeal, the police informed the court that the sole appellant had died. 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 that an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. Since no near relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and 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 has died and no near relative applies for leave to proceed under Section 394 CrPC.
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
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.531 of 2015
Arising Out of PS. Case No.-225 Year-1997 Thana- SABAUR District- Bhagalpur
======================================================
Sunder Yadav son of Late Madari Yadav, resident of village- Dandabazar, P.S.
Lodipur, District Bhagalpur
... ... Appellant/s
Versus
1. The State Of Bihar
2. Soso Yadav son of Late Kuldeep Yadav
3. Vijay Yadav @ Vijay Prasad Yadav son of Late Bairagi Yadav
4. Bage @ Bageshwari Yadav @ Baneshar Yadav, S/o late Anuplal Yadav, All
residents of village Dandabazar, P.S. Lodipur, District- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar, Advocate
For the Respondent/s : Mr. D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 213 dated 09.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 07.02.2026 of the Police Inspector-cum-S.H.O,
Goradih Police Station, Bhagalpur, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Sunder 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
Patna High Court CR. APP (DB) No.531 of 2015(3) dt.01-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
Neha/-
U
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