Dismissed¶21

Sureshchandra Goswami v. State of Chhattisgarh

Chhattisgarh HC13 Jan 2026CRA/410/2018

Case brief

AI extract

What is this about?

Abatement of criminal appeal on death of appellant; Section 394(2) Cr.PC; thirty-day window for near relatives/legal representatives to seek leave to continue appeal; no such application filed; CRA No. 410 of 2018; High Court of Chhattisgarh at Bilaspur; Special Police Establishment / Lok Ayukt matter; Justice Arvind Kumar Verma; appeal dismissed as abated; order dated 14/01/2026; death of appellant on 17.12.2024 reported vide PUD/letter dated 17.12.2025.

What did the court decide?

Since no application was filed by the legal representatives of the deceased appellant under Section 394(2) of Cr.PC before expiry of the prescribed period, the present appeal is finally abated on behalf of the appellant and accordingly stands dismissed as having abated. ¶20

Sureshchandra Goswami Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

2026:CGHC:2267

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

CRA No. 410 of 2018

¶6

Sureshchandra Goswami S/o Late Bhagwan Das Goshwami Aged About 75 Years Then S. D. O. P. W. D. Patan, District Durg Chhattisgarh R/o Mig. 11/138, Hudco, Bhilai, Tehsil And District Durg Chhattisgarh.

¶7

... Appellant.

¶8

versus

¶9

State Of Chhattisgarh Through The Superintendent Of Police Special Police Establishment, Lok Aayukt Office Raipur, District Raipur Chhattisgarh.

¶10

... Respondent(s)

¶11

For Appellant : None. For State : Mr. SS Baghel, GA.

¶12

Hon’ble Shri Justice Arvind Kumar Verma, Judge

¶13

Order on Board

¶14

14/01/2026

¶15

Vide PUD/letter dated 17.12.2025, learned First Additional Session Judge, Durg, (CG) has informed this Court that during pendency of this appeal, present accused/appellant has died on 17.12.2024. The death certificate is also annexed with said PUD.

¶16

¶17

Perusal of death certificate shows that the appellant has died on 17.12.2024. Death certificate of appellant is accordingly taken on record.

¶18

Section 394(2) of the Cr.PC provides that every other appeal under this chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

¶19

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

¶20

In the instant case, there is no application filed by the legal representatives of the deceased appellant before this Court under Section 394(2) of Cr.PC, therefore, after expiry of said prescribed period, present appeal is finally abated on behalf of the appellant.

¶21