Dutia Karna v. State
Case brief
What is this about?
Abatement of criminal appeal on death of sole appellant; no application by near relative for leave to continue appeal within prescribed period; proviso to sub-rule (2) of Section 394 Cr.P.C.; corresponding Section 435 B.N.S.S.; High Court of Orissa at Cuttack; CRA No.10 of 2002; Dutia Karna v. State of Odisha; report by Inspector In-charge, Harabhanga police station dated 06.08.2025; appellant died 05.02.2021; order dated 19.08.2025; appeal abated and disposed of.
What did the court decide?
Since no near relative of the appellant filed an application seeking leave to continue the appeal within the prescribed period, and as per the proviso to sub-rule (2) of Section 394 of the Cr.P.C. corresponding to Section 435 of the B.N.S.S., the appeal finally abates on the death of the appellant; the CRA stands abated and is accordingly disposed of.