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Patna High Court

Braj Kishore Yadav @ Buchchan YadavversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no relative applied for leave to continue.

Summary

The appellant, Braj Kishore Yadav, filed a criminal appeal (DB) No.864 of 2013 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and, relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), noted that no near relative had applied for leave to continue the appeal. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court records were directed 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 files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.864 of 2013
                  Arising Out of PS. Case No.-9 Year-2007 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Braj Kishore Yadav @ Buchchan Yadav Son Of Beni Yadav Resident Of
                 Village Mozapatti, P.S. Raghubansh Nagar, District Purnea.

                                                                               ... ... Appellant/s
                                                     Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Praveen Kumar Agrawal, Advocate
                 For the Respondent/s   :       Mr. Ajay Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   26-05-2026                    Perused the Letter No. 918 dated 15.05.2026 of the

                   Superintendent of Police, Madhepura along with the Report

                   dated 15.05.2026 of the S.H.O, Kumarkhand Police Station,

                   Madhepura, wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Braj Kishore Yadav @

                   Buchchan 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.864 of 2013(6) 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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