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Patna High Court

DEVENDRA YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Devendra Yadav, filed a criminal appeal (DB) No.759 of 2009 against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the police reports and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • The appeal can continue after the death of the appellant without an application by a near relative.

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.759 of 2009
                 ======================================================
                 Devendra Yadav, S/o Ram Peyar Choudhary @ Peyar Chand Yadav, R/o Vill.
                 Dumrahar Khurd, P.S. Darauli, District – Siwan.

                                                                            ... ... Appellant/s
                                                  Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Md. Imteyaz Ahmad, Advocate
                 For the Respondent/s   :     Mr. G.P.Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                   Perused the Letter No. 425, dated 29.04.2026 of the

                   Superintendent of Police, Siwan along with the report dated

                   28.04.2026 of the S.H.O., Darauli P.S., wherein it is indicated

                   that during enquiry, it came to light that the sole appellant,

                   namely, Devendra Yadav, is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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 2009(3) dt.08-05-2026
                                                        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)
shailendra/-

U       T


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