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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
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