State Of Odisha vs Arakhita Das
2023 Latest Caselaw 3649 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLLP No. 21 of 2014

              State of Odisha                           ....          Petitioner

                                       Mr.Sangram Das
                                       Standing Counsel (Vig.)

                                             -versus-

              Arakhita Das                              ....      Opp. Party

                                       Mr. A.Tripathy, Advocate

                                         CORAM:
                                    JUSTICE S.K. SAHOO
                                        ORDER

Order No. 18.04.2023

09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Perused the office note of the Dealing Assistant from which it appears that though the order no.8 in I.A. No.10 of 2023 was passed on 05.04.2023 but inadvertently it has been shown as 05.03.2023.

In view of such noting, the numeric '03' is scored out by me in red ink in open Court today and corrected as '04'.

( S.K. Sahoo) Judge

I.A. No.10 of 2023

10. This application has been filed on behalf of the opposite party under section 394 of Cr.P.C. for abetment of CRLLP as the sole opposite party Arakhita // 2 //

Das who faced trial in the Court of learned Special Judge (Vigilance), Berhampur in G.R. Case No.41 of 2009/T.R. No.24 of 2010 for the offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and has been acquitted vide impugned judgment and order dated 26.11.2013 is dead. Death certificate has been annexed to the interim application.

As per the order dated 05.04.2023, learned Standing Counsel for the Vigilance Department sought for some time to obtain instruction on the interim application.

Today, learned Standing Counsel for the Vigilance Department has produced the written instruction dated 05.04.2023 received from the Addl. Superintendent of Police, Vigilance, Berhampur to the effect that after enquiry, the death of the opposite party Arakhita Das has been confirmed which took place on 26.02.2023. The written instruction is taken on record.

Section 394(1) Cr.P.C. states that every appeal under section 377 or section 378 shall finally abate on the death of the accused.

In view of the written instruction furnished by the learned Standing Counsel for the Vigilance Department, the CRLLP abates and accordingly, disposed of.

( S.K. Sahoo) Judge Sipun