Daman Biswal v. State
Case brief
What is this about?
Abatement of criminal appeal on death of appellant; CRLA No.240 of 2003, Daman Biswal v. State of Odisha, Orissa High Court, order dated 02.09.2025; bench S.K. Sahoo and Chittaranjan Dash, JJ.; proviso to sub-rule (2) of Section 394 Cr.P.C.; Section 435 B.N.S.S.; Bolangir Sadar police station report dated 08.08.2025 at Flag 'G'; appellant died 20.06.2022; death certificate enclosed; no near relation sought leave to continue appeal; appeal abated and disposed of; matter heard through hybrid mode (video conferencing/physical mode); Addl. Govt. Advocate P.S. Nayak for State.
What did the court decide?
As per the proviso to sub-rule (2) of Section 394 Cr.P.C. (corresponding to Section 435 B.N.S.S.), since the appellant died on 20.06.2022 and no near relation filed an application seeking leave to continue the appeal within the prescribed period, the CRLA stands abated and is disposed of accordingly.