Millu @ Dibakar v. State
Case brief
What is this about?
Abatement of criminal appeal on death of appellant — CRLA No.343 of 2007, High Court of Orissa at Cuttack, order dated 01.08.2025 (S.K. Sahoo & Sibo Sankar Mishra, JJ.). No legal heir sought leave to continue the appeal within the prescribed period under the proviso to sub-rule (2) of Section 394 Cr.P.C. (corresponding to Section 435 B.N.S.S.); appeal stood abated and was disposed of, with liberty reserved to seek recall of the order and hearing on merit. Keywords: abatement, death of appellant, legal heir, leave to continue appeal, Section 394 CrPC, Section 435 BNSS, CRLA, Odisha.
What did the court decide?
Liberty to the appellant to file appropriate application for recalling this order and for hearing of the criminal appeal on merit. ¶25