Created by Fuzzy Cloud

Patna High Court

ARJUN YADAVversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of a relative's application.

Summary

The appellant, Arjun Yadav, filed a criminal appeal which was pending when he died, as evidenced by official letters and a death certificate. The court examined the letters from the Superintendent of Police and the SHO, confirming the appellant's death. The issue before the court was whether the appeal could continue in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal stands abated if no relative seeks leave to continue. Consequently, the appeal was disposed of as abated, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.829 of 2011
                 ======================================================
                 Arjun Yadav, S/O- Late Dalgagan Yadav, R/o Village - Panjrawan, P.S.
                 Nauwan, District - Kaimur Bhabhua.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   14-05-2026                 Perused the Letter No. 782 dated 09.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabhua), along with the

                   report dated 05.05.2026 of S.H.O., Nauwan P.S., Kaimur

                   (Bhabhua), as well as the certificate of death issued on

                   22.04.2026, issued by Sarpanch, Gram Kachhari- Panjrawan,

                   Block- Nauwan, District- Kaimur Bhabhua, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Arjun Yadav, is dead.

                               2. In view of the said letters 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
             Patna High Court CR. APP (DB) No.829 of 2011(4) dt.14-05-2026
                                                         2/2




                       disposed of.

                                    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)
supratim/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.