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Patna High Court

RAM CHANDRA YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it under Section 394 CrPC.

Summary

The appellant, Ram Chandra Yadav, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a police superintendent’s letter, a sub‑inspector’s report, and a death certificate. The court examined whether the appeal could continue in the absence of a filing by any near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no relative seeks leave to continue it. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?

Legislation cited

Subjects

  • Criminal Appeal
  • Abatement
  • Death of appellant
  • Section 394 CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • Procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.54 of 2007
                 ======================================================
                 Ram Chandra Yadav, Son of Late Singheshwar Yadav, Resident of Village-
                 Maheswa, P.S.-Saur Bazar, District-Saharsa.

                                                                          ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Praveen Kumar Agrawal, 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   01-05-2026                    Perused the Letter No. 206 dated 09.02.2026 of the

                   Superintendent of Police, Madhepura, along with the Report

                   dated 06.02.2026 of the Sub-Inspector of Police, Madhepura

                   Police Station, as well as the Death Certificate, which was

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Ram Chandra

                   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

                   continue the appeal, the Criminal Appeal stands abated and
         Patna High Court CR. APP (DB) No.54 of 2007(4) dt.01-05-2026
                                                     2/2




                   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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