Patna High Court
RAM GATI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellant died and no relative applied for leave to continue under the applicable provision.
Summary
The appellant, Ram Gati Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure (now Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stood abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative applies for leave to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.838 of 2007
======================================================
Ram Gati Yadav, S/o Acchellal Yadav, R/o-Village-Mahuli, Police Station-
Rosera, District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sita R.Yadav, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 952 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 06.05.2026 of Police Inspector-cum-S.H.O. Rosera P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Ram Gati 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.838 of 2007(3) dt.12-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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