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Patna High Court

ARJUN YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC as no near relative applied for leave to continue.

Summary

The appellant Arjun Yadav filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate and police reports. The court examined the letters from the Superintendent of Police and the SHO confirming the death. The issue was whether the appeal could continue in the absence of an application by a near relative. 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 seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • Section 394 CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.720 of 2002
                 ======================================================
                 Arjun Yadav, Son of Late Khublal Yadav, Resident of Village-Ketari Bank,
                 Police Station-Khaira, District-Jamui.

                                                                             ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Shivendra Kumar Sinha, Advocate
                 For the Respondent/s     :      Mr. Satyanarayan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   26-05-2026                    Perused the Letter No. 435 dated 02.05.2026 of the

                   Superintendent of Police, Jamui along with the report of S.H.O.,

                   Khaira Police Station dated 26.04.2026, wherein it is indicated

                   that during enquiry it came to light that the sole appellant Arjun

                   Yadav has died. Certificate of death of the appellant issued by

                   Mukhiya of Gram Panchayat Raj, Bishanpur, Block-Khaira,

                   Jamui 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

                   disposed of.
           Patna High Court CR. APP (DB) No.720 of 2002(3) dt.26-05-2026
                                                       2/2




                                   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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