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Patna High Court

RAMU YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as no near relative filed an application for leave to continue, pursuant to Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Ramu Yadav, filed a criminal appeal (DB) No. 829 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was submitted by the Superintendent of Police. The court examined the reports and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue. 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 concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S. 2023
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.829 of 2008
                  ======================================================
                  Ramu Yadav, S/o Deep Narayan Yadav, R/o Vill. Murliganj, P.S. Murliganj,
                  District – Madhepura.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Uday Chand Prasad, Advocate
                  For the Respondent/s   :     Mr. D.K.Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

12   08-05-2026                   Perused the Letter No. 675, dated 28.04.2026 of the

                    Superintendent of Police, Madhepura along with the report

                    dated 28.04.2026 of the Probationary Sub-Inspector of Police-

                    cum-S.H.O., P.S., Murliganj, wherein it is indicated that during

                    enquiry, it came to light that the sole appellant, namely, Ramu

                    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.829 of 2008(12) 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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