Francis Dung Dung v. State
Criminal appeal – Abatement – Death of appellant during pendency of JCRLA
Case brief
What is this about?
High Court of Orissa at Cuttack, JCRLA No. 31 of 2008 (Francis Dung Dung v. State of Odisha), order dated 16.09.2025 by Justices S.K. Sahoo and Chittaranjan Dash: criminal appeal abated on death of appellant; no legal heir or near relative sought leave to continue appeal within prescribed period; abatement under proviso to sub-rule (2) of Section 394 Cr.P.C., corresponding to Section 435 B.N.S.S.; appeal disposed of; liberty to seek recall of order and hearing on merit; report of IIC, Biramitrapur P.S. and death certificate taken on record.
What did the court decide?
JCRLA declared abated due to the death of the Appellant and disposed of; liberty reserved to file an application for recalling this order and for hearing of the criminal appeal on merit. ¶15