Patna High Court
YOGENDRA YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue, as mandated by Section 394 of the CrPC and Section 435 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The appellant Yogendra Yadav filed a criminal appeal (DB) No.629 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, providing that an appeal abates on the death of the appellant unless a relative seeks permission to proceed. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
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 (or Section 435 BNS 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.629 of 2011
======================================================
Yogendra Yadav, Son of Late Ganesh Yadav, Resident of Village-Tulsipur,
Police Station-Chausa, District-Madhepura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sunil Kumar Singh, Advocate
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)
5 12-05-2026 Perused the Letter No. 864 dated 08.05.2026 of the
Superintendent of Police, Madhepura along with the report of
S.H.O., Chausa Thana, Madhepura dated 07.05.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Yogendra Yadav has died. Certificate of death of the
appellant issued by Sarpanch of Gram Kachahari, Chausa East,
Anchal-Chausa, District-Madhepura has also been enclosed
with the said report.
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
Patna High Court CR. APP (DB) No.629 of 2011(5) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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