Patna High Court
BABUDHAN YADAV @ DHANA YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Babudhan Yadav, died during the pendency of Criminal Appeal No.857 of 2011. The court examined a letter from the Superintendent of Police and a police report confirming the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no relative applied, 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 lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased 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 appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.857 of 2011
======================================================
Babudhan Yadav @ Dhana Yadav Yamuna Yadav Vill.-Berkap,P.S.-
Darihat,Dist.-Rohtas
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajani Kant Singh, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 1058 dated 11.05.2026 of the
Superintendent of Police, Rohtas along with the Report dated
08.05.2026 of the Sub-Inspector of Police, Darihat Police
Station, Rohtas, wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Babudhan Yadav
@ Dhana Yadav, is dead.
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.857 of 2011(4) dt.26-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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