Disposed¶19
Kuna Naik v. State
Orissa HCCRLA/341/2003
Case brief
AI extract
What is this about?
Abatement of pending criminal appeal on death of appellant; no application by near relations for leave to continue appeal within prescribed period; proviso to sub-rule (2) of Section 394 Cr.P.C.; corresponding provision Section 435 B.N.S.S.; report of Inspector in-charge, Kotpad police station, Koraput dated 05.08.2025; death of appellant on 21.02.2014; Kuna Naik @ Lokanath Nayak; State of Odisha; CRLA No.341 of 2003; disposed of as abated.
What did the court decide?
In the absence of any application by near relation(s) of the deceased appellant seeking leave to continue the appeal within the prescribed period, the appeal falls for abatement under the proviso to sub-rule (2) of Section 394 Cr.P.C., corresponding to Section 435 B.N.S.S. ¶19