Patna High Court
JAGDEO YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.
Summary
Jagdeo Yadav filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the police discovered that the appellant had died. The court examined the relevant provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not 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
- Can a criminal appeal continue when the appellant is deceased and no near relative files an application for leave to continue the appeal?
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.759 of 2006
======================================================
Jagdeo Yadav, Son of Late Sonu Yadav, Resident of Village-Rajaura, Police
Station-Sahebpur Kamal, District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abul Kalam, Advocate
For the Respondent/s : Mr. R.C.Sharma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-05-2026 Perused the Letter No. 1039 dated 27.04.2026 of
the Superintendent of Police, Begusarai along with the Report
dated 26.04.2026 of the S.H.O, Sahebpur Kamal Police Station,
Begusarai, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Jagdeo 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.759 of 2006(5) dt.07-05-2026
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)
Neha/-
U
Checking your session…