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Patna High Court

JAINEE YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of due to the death of the appellant without any application by a near relative.

Summary

The appellant, Jainee Yadav, filed a criminal appeal (DB) No.831 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate annexed to a police report. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the accused dies and no representative steps forward. Accordingly, the Court held that the appeal stands abated and is disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

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

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.831 of 2009
                 ======================================================
                 Jainee Yadav, Son Of Late Munsi Yadav, Resident Of Village- Kanp Tola-
                 Shitalpatii, P.S. Sour Bazar, District- Saharsa.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Amarnath Jha, 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)

4   15-05-2026                    Perused the Letter No. 521 dated 10.05.2026 of the

                   Superintendent of Police, Saharsa along with the report dated

                   10.05.2026 of the Sub-Inspector-cum-S.H.O., Sour Bazar P.S.,

                   Gopalganj, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Jainee 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 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.831 of 2009(4) dt.15-05-2026
                                                        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)
guddukr/-

U      T


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