Patna High Court
SURYA NATH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (now Section 435 B.N.S. 2023) as no near relative applied for leave to continue.
Summary
The appellant, Surya Nath Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Superintendent of Police and the SHO. The Court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether the criminal appeal should stand abated upon the death of the appellant when no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.570 of 2002
======================================================
Surya Nath Yadav, Son of Ram Eksha Yadav, resident of Village-Doghara
Tola, P.S.-Bihia, District-Bhojpur, Ara.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Kumar Sinha, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 1059 dated 03.05.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 01.05.2026 of the S.H.O, Bihia Police Station, Bhojpur,
Ara, wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Surya Nath 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
disposed of.
Patna High Court CR. APP (DB) No.570 of 2002(3) dt.07-05-2026
2/2
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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