Raia Naik @ Rabi Naik v. State
Case brief
What is this about?
The High Court held that the criminal appeal abated on the death of the appellant under Section 394(2) Cr.P.C. as no application for continuance by near relatives was filed within the statutory period. The appeal was disposed of accordingly.
What the court decided
A compact analysis
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. 81 of 1998
…. Raia Naik @ Rabi Naik Appellant/ Petitioner
Mr. Nayan Behari Das, Advocate
-versus-
…. State of Odisha Respondent/ Opposite Party Mr. R.K Tripathy, Addl. Standing Counsel
CORAM:
THE HON’BLE MR. JUSTICE S.K. SAHOO THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No.
16.07.2024
- The Appellant has preferred CRA No.81 of 1998 challenging the impugned judgment and order dated 19.01.1998 passed by the learned Sessions Judge, Dhenkanal-Angul, Dhenkanal in Sessions Trial No.46-D of 1996 in which he was found guilty under Section 302 of the Indian Penal Code and sentenced to undergo Imprisonment for life. 2. As per the order dated 01.07.2024, the learned counsel for the State has obtained the instructions from the I.I.C., Bhubana Police Station dated 15.07.2024 to the effect that the Appellant Raia @ Rabi Naik died in the year 2005.
Issues for consideration
1 issue framed by the court
Whether the criminal appeal abates on the death of the appellant?
Parties & counsel
- appellant
Raia Naik @ Rabi Naik
- respondent
State of Odisha
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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