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