Patna High Court
AWADHESH YADAV @ RAMASHISH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative sought leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Awadhesh Yadav, filed a criminal appeal (DB) No.597 of 2010 before the Patna High Court. While the appeal was pending, the appellant died, as confirmed by police reports and a death certificate. The court examined whether the appeal could proceed in the absence of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative applies for leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abeyance
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.597 of 2010
======================================================
Awadhesh Yadav @ Ramashish Yadav S/O Late Parmeshwar Yadav R/O Vill.
Panchlonia, P.S. Islampur, Distt. Nalanda
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tej Narayan Singh, Adv.
For the Respondent/s : Mr. A. Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Report No. 1258 dated 09.05.2026 of the
Superintendent of Police, Nalanda along with the Report dated
08.05.2026 of the Sub-Inspector of Police, Islampur Police
Station, Nalanda as well as the Certificate of Death dated
08.05.2026 of the Mukhiya of Gram Panchayat- Raj Pachlova,
Block- Islampur, Nalanda; wherein it is indicated that the sole
appellant, namely, Awadhesh Yadav @ Ramashish 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
Patna High Court CR. APP (DB) No.597 of 2010(4) dt.13-05-2026
2/2
disposed of.
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)
shivank/-
U T
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