Patna High Court
SURESH YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of in accordance with Section 394 CrPC (Section 435 B.N.S. 2023).
Summary
The appellant, Suresh Yadav, died during the pendency of his criminal appeal against the State of Bihar. The court examined a police letter confirming the death and noted that no near relative had applied for leave to continue the appeal. 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 the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the trial court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.
- Whether Section 394 of the Code of Criminal Procedure, 1973 (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.656 of 2005
======================================================
Suresh Yadav Son of Late Jago Yadav, Resident of Village-Amari, P.S.-
Dharahara, District-Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. K.N.Sahay, Advocate
For the Respondent/s : Mr. Ambika Bhagat, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-03-2026 Perused the Letter No. 203 dated 14.02.2026 of the
Superintendent of Police, Munger, along with Memo No. 746 of
2026 dated 13.02.2026 of the Probationary A.S.I., Dharahara
Police Station, Munger, wherein it is indicated that during the
enquiry it came to light that the sole appellant, namely, Suresh
Yadav, is dead.
2. In view of the said report and Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
and since no near relative has filed any application seeking
leave to continue the appeal, the Criminal Appeal stands abated
and is disposed of accordingly.
Patna High Court CR. APP (DB) No.656 of 2005(7) dt.13-03-2026
2/2
3. Let the Trial Court Records be sent back to the
concerned Trial Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.