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Patna High Court

SATANDEO YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Satandeo Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the report of the Superintendent of Police 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 in the absence of such an application, the appeal cannot proceed. 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

  • Whether a criminal appeal can continue after the death of the appellant without an application by a near relative.
  • Applicability of Section 394 of the Code of Criminal Procedure, 1973 (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to abate the appeal.

Legislation cited

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.70 of 2002
                 ======================================================
                 SATANDEO YADAV, Son of Late Kaleshwar Yadav, Resident of Village-
                 Kauatol, P.S.- Jhajha, District- Jamui

                                                                          ... ... Appellant/s
                                                  Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Chandra Mohan Singh, Advocate
                 For the Respondent/s   :     Mr. Dilip Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   05-05-2026                    Perused the Letter No. 215 dated 06.03.2026 of the

                   Superintendent of Police, Jamui along with the report dated

                   06.03.2026 of the Police Inspector-cum-S.H.O., Jhajha P.S.,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Satandeo Yadav, is dead and the

                   death certificate of the appellant is annexed with the said report.

                               2. In view of the said report 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.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.70 of 2002(4) dt.05-05-2026
                                                        2/2




                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
guddukr/-

U


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