Patna High Court
SHAMBHU YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of when the appellant is deceased and no near relative applies for leave to continue.
Summary
The appellant, Shambhu Yadav, died before the conclusion of his criminal appeal, and a death certificate was produced by the police. No near relative filed an application for leave to continue the appeal. The Court examined the reports and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). It held that in the absence of a petition to continue, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- section 394 CrPC
- section 435 BHNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.889 of 2007
======================================================
Shambhu Yadav, son of Sito Yadav, resident of Village- Anandpur, Police
Station Laxmipur, District- Jamui
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Brajesh Sahay, Advocate
For the Respondent : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 13-05-2026 Perused the report dated 11.05.2026 of the
Superintendent of Police, Jamui along with the report dated
02.05.2026 of the Police Inspector-cum-S.H.O., Lakshmipur
Police Station, Jamui, which indicate that the sole appellant
Shambhu Yadav is dead and the death certificate of the appellant
is annexed with the said report.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.889 of 2007(10) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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