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Patna High Court

SAKINDRA YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.

Summary

The appellant, Sakindra Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, and a death certificate was produced. The court examined the police reports confirming the death and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?

Legislation cited

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.997 of 2006
                 ======================================================
                 Sakindra Yadav S/o Bhuneshwar Yadav, R/o- Vill. Tetariya, P.S.-
                 Chandradeep, District- Jamui.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :    Mr.Tej Narayan Singh, Advocate
                 For the Respondent/s    :    APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-05-2026                        Perused the report dated 02.05.2026 of the

                   Superintendent of Police, Jamui along with the report dated

                   01.05.2026 of the S.H.O., Chandradeep P.S., wherein it is

                   indicated that during enquiry, it came to light that the sole

                   appellant, namely, Sakindra 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 Bhartiya 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.997 of 2006(4) dt.13-05-2026
                                                        2/2




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



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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