U.D.Nayak v. Union Of India

Chhattisgarh HC19 Mar 2024CRA/663/2012

Case brief

AI extract

What is this about?

Abatement of criminal appeal on death of appellant; Section 394(1) and Section 394(2) Cr.P.C., 1973; appeal under Section 377 or 378 Cr.P.C. abates on death of accused; appeal from sentence of fine exception; no application by legal heirs for continuation of appeal within 30 days of death; CRA No. 630 of 2012 (Mickey Sibbal) and CRA No. 663 of 2012 (U.D. Nayak) v. Union of India through CBI; High Court of Chhattisgarh, Bilaspur; Arvind Kumar Verma, J.; appeals abated and disposed; trial Court records to be returned; decision dated 20/03/2024.

What did the court decide?

Both criminal appeals (CRA No. 630 of 2012 and CRA No. 663 of 2012) declared abated on the death of the respective appellants and disposed of accordingly; records of the trial Court directed to be sent back to the concerned trial Court. ¶¶25

U.D.Nayak Vs Union Of India — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the two criminal appeals (CRA No. 630 of 2012 and CRA No. 663 of 2012) finally abate on the death of the appellants during pendency, where no application under Section 394 Cr.P.C., 1973 was filed by the legal heirs for continuation of the appeals within 30 days of the deaths.

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Court's answer

Under Section 394(1) Cr.P.C., 1973, every appeal under Section 377 or 378 shall finally abate on the death of the accused.

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Ratio / Principle

Under Section 394(2) Cr.P.C., every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

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Key takeaways

Since no application under Section 394 Cr.P.C., 1973 was filed by the legal heirs of the appellants for continuation of the appeals within 30 days from the dates of death, both appeals stand abated on their behalf.ratio¶¶24
In view of the death of the appellants, both the criminal appeals are abated and are accordingly disposed of.ratio¶¶25

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Arvind Kumar Verma, J., Order on Board dated 20/03/2024): CRA No. 630 of 2012 (Mickey Sibbal v. Union of India through C.B.I.) and CRA No. 663 of 2012 (U.D. Nayak v. Union of India through Central Bureau of Investigation), heard together. During pendency, appellant Mickey Sibbal died on 08.06.2023 and appellant U.D. Nayak died on 11.10.2021, death certificates being annexed. No application under Section 394 Cr.P.C., 1973 was made by the legal heirs for continuation of the appeals within 30 days of the deaths. Reciting Section 394(1) (every appeal under Section 377 or 378 shall finally abate on the death of the accused) and Section 394(2) (every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant), the Court held that both appeals stood finally abated on behalf of the deceased appellants and disposed of them accordingly, directing that the records of the trial Court be sent back to the concerned trial Court.

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¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

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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.

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---- Appellant

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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.

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---- Respondent

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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.

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---- Appellant

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Versus

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

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---- Respondent

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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

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Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

20/03/2024

Heard.

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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.

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“ 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.”

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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.

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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.

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Sd/(Arvind Kumar Verma) Judge

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Vasant

U.D.Nayak v. Union Of India

Case brief

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U.D.Nayak v. Union Of India

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