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Patna High Court

SOBHA YADAV @ SABHAPATI YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of when the sole appellant dies and no near relative applies for leave to continue it.

Summary

The appellant, Sabha Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of any such application, the appeal cannot proceed. Consequently, the appeal was deemed abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • What is the effect on a criminal appeal when the sole appellant dies and no relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure
  • Section 394 CrPC
  • Section 435 BNS 2023
  • no application by relative

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.77 of 1997
                 ======================================================
                 Sabha Yadav @ Sabhapati Yadav , son of Late Kashi Nath Yadav, resident of
                 Village Kadhi Nath Yadav, resident of Village-Nawada Ben, Police Station,
                 Udwant Nagar, in the district of Bhojpur

                                                                              ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Akhileshwar Prasad Singh, Advocate
                 For the Respondent/s    :       Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   01-05-2026                    Perused the Letter No.506 dated 18.03.2026 of the

                   Superintendent of Police, Bhojpur, Arrah along with the report

                   of SHO of Gajrajganj O.P dated 18.03.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Sabha Yadav, has died. Certificate of death of the sole

                   appellant issued by Sarpanch of Gram Panchayat-Nawada, P.S.

                   + Block-Udwantnagar, Bhojpur has also been enclosed with the

                   said report.

                                  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
           Patna High Court CR. APP (DB) No.77 of 1997(2) dt.01-05-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                             (Sangam Kumar Sahoo, CJ)



                                                                 (Harish Kumar, J)
ranjan/-

U


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