Patna High Court
RAM JATAN YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) as no near relative applied for leave to continue it.
Summary
The appellant, Ram Jatan Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. 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 applies for leave to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- The appeal can continue after the death of the appellant without an application by a near relative.
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.867 of 2009
======================================================
Ram Jatan Yadav, Son of Late Sadhu Yadav, Resident of Khatola Bigha, P.S.-
Islampur, Dist.- Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-05-2026 Perused the Report No. 1253 dated 09.05.2026 of the
Superintendent of Police, Nalanda along with the Report dated
08.05.2026 of the Sub-Inspector of Police, Islampur Police
Station, Nalanda as well as the Certificate of Death dated
08.05.2026 of the Sarpanch of Gram Kachhari- Sanda, Block-
Islampur, Nalanda; wherein it is indicated that the sole
appellant, namely, Ram Jatan 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.867 of 2009(5) dt.13-05-2026
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)
shivank/-
U T
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