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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

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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