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
- Bhartiya 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.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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