Patna High Court
CHANDESHWAR YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC (now Section 435 BNSS 2023) as the appellant is deceased and no application for leave to continue has been filed.
Summary
The appellant, Chandeshwar Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by letters from the Superintendent of Police and Sub‑Inspector and a death certificate issued by the village Mukhiya. The Court examined the effect of the appellant’s death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal must abate. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable procedural provision?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- appeal abatement
- Section 394 CrPC
- Section 435 BNSS 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.950 of 2008
======================================================
Chandeshwar Yadav, S/o Late Kari Yadav, R/o Village-Bhram, P.S.-
Bhariravasthan, Dist.-Madhubani
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Md. Imtiaz Ahmad, Adv.
Mr. Purushottam Kumar, Adv.
For the State : Mr. Abhimanyu Sharma, APP.
For the Respondents : Mr. Bijay Bhushan Prasad, Adv.
Ms. Rani Shashi Bharti, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 11-05-2026 Perused the Letter No. 374 dated 01.05.2026 of the
Superintendent of Police, Madhubani along with the letter dated
30.04.2026 of Sub-Inspector of Police, Bhairosthan P.S.,
Madhubani as well as the certificate of death dated 30.04.2026,
issued by the Mukhiya, Gram Panchayat Raj Kothia, Block-
Jhanjharpur, District-Madhubani, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Chandeshwar Yadav, is dead.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.950 of 2008(6) dt.11-05-2026
2/2
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
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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