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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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/-
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