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Patna High Court

YADUNANDAN RAYversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of due to the appellant's death and the absence of any application for leave to continue.

Summary

The appellant, Yadunandan Ray, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party when no application is made. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

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

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.961 of 2009
                 ======================================================
                 Yadunandan Ray, Son of Late Ganpat Ray, Resident of Village-Khaira, Police
                 Station-Amarpur, District-Banka.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Ramesh Kumar Choudhary, Advocate
                 For the Respondent/s     :      Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-05-2026                    Perused the Letter No. 905 dated 04.05.2026 of the

                   Superintendent of Police, Banka along with the report of S.H.O.,

                   Amarpur Police Station, Banka dated 03.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Yadunandan Ray has died. Death certificate of the

                   appellant issued by Duty Doctor, N.M.C.H, Jamuhar has also

                   been enclosed with the said report.

                                  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,

                   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.961 of 2009(5) dt.12-05-2026
                                                       2/2




                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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