Balkrishna Sharma v. State Of Chhattisgarh
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur; CRA No. 405 of 2016; decided 29.01.2026 by Arvind Kumar Verma, J. Criminal appeal dismissed as abated following death of appellant Balkrishna Sharma on 15.07.2016; death certificate tendered by State counsel and taken on record; no application by legal representatives under Section 394(2) within thirty days for leave to continue the appeal; abatement under Section 394(2) CPC. Keywords: abatement of appeal, death of appellant, Section 394(2), leave to continue appeal, near relatives, criminal appeal, Chhattisgarh.
What did the court decide?
Per Section 394(2), every appeal under the chapter other than an appeal from a sentence of fine finally abates on the death of the appellant, unless a near relative applies within thirty days of death for leave to continue the appeal and leave is granted. ¶14