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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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