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Patna High Court

YADUNANDAN SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed because the appellant is dead and no near relative applied for leave to continue under Section 394 of the CrPC.

Summary

The appellant, Yadunandan Singh, filed a criminal appeal (DB) No.875 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate dated 13-04-2018 and a police letter confirming his death. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue the appeal. Since no near relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue under Section 394 CrPC?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure Code
  • Section 394
  • Bharatiya Nagarik Suraksha Sanhita
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.875 of 2006
                 ======================================================
                 Yadunandan Singh, Son of Mohar Singh @ Nohar Singh of village – Bagheji,
                 P.S. Barauli, Dist.- Gopalganj at present residing at Jaisinghpur Chehtahin
                 P.S. Turkaulia, Dist.- East Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nirmal Kumar Sinha-3, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   11-05-2026                 Perused the Letter No. 741 dated 02.05.2026 of the

                   Superintendent of Police, East Champaran at Motihari along

                   with the Report dated 29.04.2026 of the S.H.O., Turkaulia

                   Police Station as well as the Death Certificate dated 13.04.2018

                   issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that the sole

                   appellant, namely, Yadunandan Singh, 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
            Patna High Court CR. APP (DB) No.875 of 2006(5) dt.11-05-2026
                                                        2/2




                      disposed of.

                                   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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