Samir Kr. Nayak v. State
Criminal Appeal – Abatement – Death of Appellant – No application by legal heirs for leave to continue
Case brief
What is this about?
Abatement of criminal appeal (CRLA) on death of sole appellant; absence of legal heirs' application for leave to continue within prescribed period; proviso to sub-rule (2) of Section 394 Cr.P.C.; corresponding Section 435 B.N.S.S.; appeal disposed of as abated with liberty to seek recall and hearing on merit; High Court of Orissa at Cuttack; Bench S.K. Sahoo and Sibo Sankar Mishra, JJ.; order dated 01.08.2025; State represented by Addl. Standing Counsel Sarat Chandra Pradhan; none appeared for the appellant.
What did the court decide?
The CRLA stands abated due to the death of the appellant and is disposed of accordingly, with liberty reserved to the appellant to apply for recalling of this order and hearing of the appeal on merit. ¶23