Disposed¶15
Kailash Ch.Mohanty v. Republic of India
Orissa HCCRA/38/2002
Case brief
AI extract
What is this about?
Abatement of criminal appeal on death of sole appellant; Section 394(2) in Chapter XXIX; no near relative sought leave to continue the appeal; appeal stands abated; CRA disposed of; High Court of Orissa at Cuttack; Justice Chittaranjan Dash; order dated 20.08.2025; appellant Kailash Chandra Mohanty died 04.02.2019.
What did the court decide?
Section 394(2) in Chapter XXIX mandates that every appeal under that Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant. ¶14