Case brief
What is this about?
CRLA No.73 of 2002, Purna Chandra Behera @ Punia v. State of Odisha, Orissa High Court, Order dated 19.08.2025: criminal appeal abated following the appellant's death on 20.02.2025 (reported by Inspector In-charge, Bantala P.S.); no near relative sought leave to continue the appeal within the prescribed period; abatement under the proviso to sub-rule (2) of S.394 Cr.P.C. corresponding to S.435 B.N.S.S.; appeal disposed of as abated. Bench: S.K. Sahoo and Chittaranjan Dash, JJ.
What did the court decide?
As per the proviso under sub-rule (2) of Section 394 Cr.P.C., corresponding to Section 435 B.N.S.S., where none of the near relatives of a deceased appellant has sought 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.