Disposed¶25

Mickey Sibbal v. Union Of India

Chhattisgarh HC19 Mar 2024CRA/630/2012

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; CRA No. 630 of 2012; CRA No. 663 of 2012; appellants Mickey Sibbal and U.D. Nayak; respondent Union of India through CBI; abatement of appeal on death of appellant; Section 394(1) and 394(2) Cr.P.C. 1973; Sections 377 and 378 Cr.P.C.; no continuation application by legal heirs within 30 days; both appeals abated and disposed of; trial Court records returned; Justice Arvind Kumar Verma; order dated 20/03/2024.

What did the court decide?

Per Section 394(1) Cr.P.C. 1973, every appeal under Sections 377 or 378 finally abates on the death of the accused; and per Section 394(2), every other appeal under the Chapter (except an appeal from a sentence of fine) finally abates on the death of the appellant. ¶23

Mickey Sibbal Vs Union Of India — Chhattisgarh HC (2024) — LawSathi Research

¶1

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

CRA No. 630 of 2012

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Mickey Sibbal S/o M.S. Sibbal Aged About 48 Years R/o V.I.P. Road, Sibbal Farm House, Raipur C.G.

¶5

---- Appellant

¶6

Versus

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Union of India S/o Through C.B.I., Jabalpur M.P. At Present C.B.I. Bhilai Unit, Bhilai, Distt. Durg, C.G.

¶8

---- Respondent

¶9

WITH

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CRA No. 663 of 2012

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U.D.Nayak S/o U. Waman Nayak Aged About 71 Years R/o 7/1, Malleshwaram, Bangalore 560003, Karnataka.

¶12

---- Appellant

¶13

Versus

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Union of India, through Central Bureau of Investigation Jabalpur M.P., Presently Bhilai Unit, Bhilai, Distt. Durg, C.G.

¶15

---- Respondent

¶16

For Appellant in CRA No.630/2012 : Mr. Ashish Gangwani, Advocate appears on behalf of Mr. N.K. Mehta, Advocate For Appellant in CRA No.663/2012 : Mr. Navin Shukla, Advocate appears on behalf of Mr. Rajkumar Pali, Adv. For CBI : Mr. Himanshu Pandey, Advocate

¶17

Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

20/03/2024

Heard.

¶22

Learned counsel appearing for the respective appellants submit that during the pendency of this appeal, appellant-Mickey Sibbal has died on 08.06.2023 (in CRA No. 630 of 2012) and in this regard his death certificate is also annexed with this case and appellant-U.D. Nayak has died on 11.10.2021 (in CRA No.663/2012) and in this regard his death certificate is also annexed with this case.

¶23

“ As per provision of Section 394 (1) of the Cr.P.C., 1973, every appeal under Section 377 or 378 shall finally abate on the death of the accused and Section 394(2) of the Cr.P.C deals with every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.”

¶24

As there is no application has been filed under Section 394 of Cr.P.C., 1973 for continuation of appeal by the legal heirs of the appellants within a period of 30 days from the date of death of the appellants, both appeals are abated on their behalf.

¶25

In view of death of the appellants, both the appeals are abated and the instant criminal appeals are accordingly disposed of.

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Records of the trial Court be sent back to the concerned trial Court.

¶27

Sd/(Arvind Kumar Verma) Judge

¶28

Vasant

Mickey Sibbal v. Union Of India

Case brief

What is this about?

What did the court decide?

Mickey Sibbal v. Union Of India

Case brief

What is this about?

What did the court decide?

What the court decided

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