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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

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


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