Patna High Court
RAJEEV YADAV @ RAJEEV KUMAR YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the provisions governing abatement upon death of the appellant.
Summary
The appellant, Rajeev Yadav, died during the pendency of his criminal appeal, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide for abatement of proceedings upon the death of a party when no one seeks to continue them. Consequently, the court held that the appeal could not proceed and was abated. The trial court record was ordered to be sent back to the lower court. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no relative applies for leave to continue the appeal under the applicable statutory provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.857 of 2009
======================================================
Rajeev Yadav @ Rajeev Kumar Yadav, Son Of Balkrishna Yadav, R/O-
Babhangama, P.S. Bihariganj, District- Madhepura.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sunil Kumar Singh, Advo
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 06-05-2026 Perused the Letter No. 634 dated 26.04.2026 of the
Superintendent of Police, Madhepura along with the report
dated 26.04.2026 of the S.H.O., Bihariganj P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Rajeev Yadav @ Rajeev Kumar Yadav, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said report 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.857 of 2009(5) dt.06-05-2026
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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