Balaram Mohanta v. State
Case brief
What is this about?
Abatement of criminal appeal on death of appellant; CRA No.127 of 2002, High Court of Orissa at Cuttack, order dated 19.08.2025 by S.K. Sahoo and Chittaranjan Dash, Judges; appellant Balaram Mohanta reported dead about 28 years (police report Flag 'C', 07.08.2025, Sadar P.S., Keonjhar); no near relative applied for leave to continue appeal within prescribed period; abatement governed by proviso to sub-rule (2) of section 394 Cr.P.C., corresponding to section 435 BNSS; appeal stood abated and disposed; respondent State of Odisha represented by Addl. Standing Counsel Aurobinda Mohanty.
What did the court decide?
As per the proviso mentioned under sub-rule (2) of section 394 of Cr.P.C., corresponding to section 435 of B.N.S.S., the appeal shall finally abate on the death of the appellant where no near relative has filed an application seeking leave to continue the appeal within the prescribed period.