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Patna High Court

UDHO 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.

Summary

The appellant, Udho Yadav, filed a criminal appeal (DB) No.793 of 2006 before the Patna High Court. The court received a letter and reports dated 2 May 2026 confirming that the appellant was deceased. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue. No such application was filed by any relative of the deceased appellant. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue

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.793 of 2006
                 ======================================================
                 Udho Yadav, Son of Late Hriday Yadav, Resident of Village-Majhigain, P.S.-
                 Shambhuganj, Dist.- Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sanjay Kumar Jha, Adv.
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   11-05-2026                 Perused the Letter No. 769 dated 02.05.2026 of the

                   Superintendent of Police, Banka along with the Report dated

                   02.05.2026 of the Additional S.H.O., Shambhuganj Police

                   Station as well as the Report dated 02.05.2026 of the Sarpanch

                   of Gram Kachahari, Varsabad, Block- Shambhuganj, Banka;

                   wherein it is indicated that the sole appellant, namely, Udho

                   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.793 of 2006(3) dt.11-05-2026
                                                        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)
shivank/-

U      T


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