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Patna High Court

JANGALI YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Jangali Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant without a relative seeking leave to proceed
  • Applicability of Section 394 of the CrPC (and its counterpart in the Bharatiya Nagarik Suraksha Sanhita) to abate the appeal

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.563 of 2009
                 ======================================================
                 Jangali Yadav, son of Raj Kumar Yadav, resident of Village- Kalyanpur, P.S.-
                 Krishnagarh, District- Bhojpur

                                                                               ... ... Appellant
                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Prabhat Kumar Singh, Advocate
                 For the Respondent    :         Smt. Shashi Bala Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   26-05-2026                 Perused     the    report      dated   14.05.2026     of    the

                   Superintendent of Police, Bhojpur, Ara along with the report

                   dated 03.05.2026 of the Sub-Inspector of Police-cum-S.H.O.,

                   Sinha Police Station, Bhojpur, which indicate that the sole

                   appellant Jangali Yadav is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.563 of 2009(6) dt.26-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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