Abatement of criminal appeal on death of sole appellant; no motion by legal heirs or next friend; written report of IIC, Nilagiri P.S. dated 03.09.2025; CRA No. 144 of 1998; High Court of Orissa at Cuttack; single-judge order of Justice Sibo Sankar Mishra dated 04.09.2025.
None; the appeal stands abated on the death of the sole appellant. ¶16
In the absence of any motion on behalf of the legal heirs or next friend of the deceased appellant to press the appeal, the appeal stands abated. ¶16
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA No. 144 of 1998
Kalia @ Pitambar Sahu
…. Appellant(s)
Mr. J. Katikia, Advocate
-versus-
State of Orissa
…. Respondent(s) Mr. R.B. Dash, ASC
CORAM:
Order No.
JUSTICE SIBO SANKAR MISHRA ORDER
04.09.2025
06 .
1. Pursuant to the order of this Court, the IIC Nilagiri P.S. has submitted a written report dated 03.09.2025 inter alia stating that the sole appellant- Kalia @ Pitambar Sahu has expired.
2. In the absence of any motion on behalf of the legal heirs or the next friend of the deceased appellant to press this appeal, the appeal stands abated.
(S.S. Mishra)
Judge
Ashok
Signature Not Verified
Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2025 19:02:37
Page 1 of 1
1 issue framed by the court
Whether the criminal appeal abates on the death of the sole appellant when no legal heir or next friend moves to press the appeal.medium confidence¶16
In the absence of any motion on behalf of the legal heirs or next friend of the deceased appellant to press the appeal, the appeal stands abated.ratio¶16
How this case reached the court
Pursuant to an order of the Court, the IIC of Nilagiri P.S. submitted a written report dated 03.09.2025 stating that the sole appellant Kalia @ Pitambar Sahu had expired.¶15
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
