The Court examined an application for substituting the deceased appellant filed beyond the 30-day limit without sufficient reason. Relying on Section 394(2) CrPC's proviso, the Court held the appeal abated.
Appeal stands abated due to failure to file substitution within 30 days of the appellant's death.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA No.270 of 1990
Laxminarayan Patra …. Appellant
Mr. A.K. Patra, Advocate
-versus-
…. State of Odisha Respondent Mr. M.S.Rizvi, A.S.C.(Vig)
CORAM: JUSTICE SASHIKANTA MISHRA ORDER 05.9.2022.
Order No.
Page 1 of 2
// 2 //
AKB
(Sashikanta Mishra) Judge
Page 2 of 3
2 issues framed by the court
Whether the appeal abated due to failure to file substitution within the prescribed period.
Whether the legal heirs interested in pursuing the appeal could circumvent the time limit.
1 provisions across 1 enactments
Laxminarayan Patra
State of Odisha
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
