Patna High Court
BUDHU YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.
Summary
The appellant Budhu Yadav filed a criminal appeal (DB) No.742 of 2009 before the Patna High Court. During the hearing, the court received police reports and a death certificate confirming that Budhu Yadav had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed if the appellant is dead and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.742 of 2009
======================================================
Budhu Yadav, Son of Late Shivanandan Yadav, Resident of Village-
Shankarpur, P.S.- Muffasil, Dist.- Munger.
Munger... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kumar Ranjit Ranjan, Adv.
For the Respondent/s : Mr. A. K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the Report No. 469 dated 02.05.2026 of the
Superintendent of Police, Munger along with the Report dated
01.05.2026 of S.H.O, Muffasil Police Station, Munger as well as
the Certificate of Death dated 01.05.2026 of the Sarpanch, Gram
Kachhari- Shankarpur, Block- Sadar Munger, Dist.- Munger;
wherein it is indicated that the sole appellant, namely, Budhu
Yadav, is dead.
2. In view of the said letter 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.742 of 2009(7) dt.13-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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