Patna High Court
HARBANS YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal stands abated and is disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under the applicable statutory provision.
Summary
The appellant, Harbans Yadav, filed a criminal appeal (DB) No.842 of 2008 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police report and a death certificate issued by the village Mukhiya. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were 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 applies for leave to continue the appeal under Section 394 of the CrPC (or Section 435 of the Bharatiya Nagarik Suraksha Sanhita)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- death of appellant
- abated appeal
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.842 of 2008
======================================================
Harbans Yadav, son of Late Ram Prasad Yadav, Resident of Village-Ekrama,
Police Station-Chewara, District-Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Kumar 1, Advocate
For the Respondent/s : Mr.G.P.Jaiswal APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 05-05-2026 Perused the Letter No. 256 dated 24.04.2026 of the
Superintendent of Police, Sheikhpura along with the report of
Police Inspector cum SHO, Chewda Police Station, Sheikhpura
dated 24.04.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Harbans Yadav, has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj,
Ekrama, Sheikhpura has also been enclosed with the said report.
2. In view of the said letter 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.842 of 2008(4) dt.05-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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