Patna High Court
BECHO YADAV @ BECHU YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated because the appellant is dead and no near relative applied for leave to continue the appeal.
Summary
The appellant, Becho Yadav, died during the pendency of his criminal appeal, and a death certificate was produced. The court examined the police reports confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court record was ordered to be sent back.
Issues considered
- Can a criminal appeal continue after the death of the appellant without a petition from a near relative?
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.721 of 2002
======================================================
BECHO YADAV @ BECHU YADAV S/o Chhoti Yadav, R/o- Village-
Mahmadpur, P.S. Simri, Bakhtiyarpur, District- Saharsa
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr.Pp.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-03-2026 Perused the Memo No. 233 dated 17.08.2025 of the
Superintendent of Police, Saharsa along with the Memo No.
2699 of 2025 dated 12.08.2025 of the S.H.O., Balbahat,
Saharsa, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Becho Yadav @ Bechu
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
Patna High Court CR. APP (DB) No.721 of 2002(4) dt.13-03-2026
2/2
disposed of.
3. Let the trial court record be sent back.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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