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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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