Patna High Court
POKHAN YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 of the CrPC (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Pokhan Yadav, filed a criminal appeal (DB) No.593 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by letters from the Superintendent of Police and S.H.O., and a death certificate issued by the local Sarpanch. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under Section 394 of the CrPC?
- Is an application by a near relative required to continue the appeal after the appellant's death?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.593 of 2008
======================================================
Pokhan Yadav, S/o Late kokil Yadav, R/o Village-Koriyasar, P.S.-Sono, Dist.-
Jamui.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prakash Mahto, Adv.
For the Respondent/s : Mr. A.K.Sinha, App
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 439 dated 02.05.2026 of the
Superintendent of Police, Jamui along with the Memo No. 763
of 2026 dated 01.05.2026 of S.H.O., Bettiah P.S., Jamui as well
as the certificate of death dated 01.05.2026, issued by the
Sarpanch, Gram Kutchery, Dahiyari, Sono, Jamui (Bihar),
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Pokhan Yadav, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.593 of 2008(3) dt.11-05-2026
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)
supratim/-
U T
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