Patna High Court
DEENA NATH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Deena Nath Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party when no relative seeks continuation. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal?
- Whether Section 394 CrPC (or its counterpart Section 435 BHSS 2023) mandates abatement in the absence of an application by a near relative?
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.551 of 1998
======================================================
Deena Nath Yadav, Son of Bijali Yadav, Resident of Village-Gajiapur, Police
Station-Barhara (Krishnagarh), District-Bhojpur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ishwari Singh, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 26-05-2026 Perused the Letter No. 1288 dated 14.05.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
of S.H.O., Sinha Police Station, Bhojpur dated 12.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Deena Nath Yadav, has died. Certificate of
death of the appellant issued by Sarpanch of Gram Kachahari
Gajiyapur, Barhara, Bhojpur has also been enclosed with the
said reports.
2. In view of the said letters 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.551 of 1998(7) dt.26-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.