Case brief
What is this about?
Orissa High Court order dated 19.08.2025 in CRLA No.122 of 2002 (Pravat Das v. State of Odisha); Coram: Justices S.K. Sahoo and Chittaranjan Dash. Acting on a police report dated 04.08.2025 from Purunakote police station recording the death of appellant Pravat Das, and noting that no near relative had applied for leave to continue the appeal within the prescribed period, the Court held that under the proviso to sub-rule (2) of Section 394 Cr.P.C., corresponding to Section 435 B.N.S.S., the appeal shall finally abate on the death of the appellant; the CRLA stands abated and disposed of. Keywords: abatement of appeal, death of appellant, CrPC s.394(2), BNSS s.435, criminal appeal disposal.
What did the court decide?
Under the proviso to sub-rule (2) of Section 394 Cr.P.C., corresponding to Section 435 B.N.S.S., where none of the near relatives of the deceased appellant seeks leave to continue the appeal within the prescribed period, the appeal shall finally abate on the death of the appellant; accordingly the CRLA stands abated and disposed of.