Khujari Kissan v. State
Case brief
What is this about?
Abatement of criminal appeal on death of sole appellant; Khujari Kissan v. State of Odisha, JCRLA No.81 of 2008, High Court of Orissa at Cuttack, order dated 17.07.2025; proviso to sub-rule (2) of section 394 Cr.P.C.; section 435 B.N.S.S.; appellant died 02.09.2023 per report of Officer-in-charge, Khamar police station, Angul dated 06.07.2025; no legal-heir continuation application filed; appeal disposed of as abated.
What did the court decide?
As no legal heir of the deceased appellant sought leave to continue the appeal within the prescribed period, the JCRLA abates under the proviso to sub-rule (2) of section 394 Cr.P.C., corresponding to section 435 of B.N.S.S., and is accordingly disposed of. ¶20