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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

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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