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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

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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