Kalia @ Manas Kumar Das vs State Of Odisha
2023 Latest Caselaw 15869 Ori

Citation : 2023 Latest Caselaw 15869 Ori
Judgement Date : 11 December, 2023

Orissa High Court

Kalia @ Manas Kumar Das vs State Of Odisha on 11 December, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRA No.24 of 2001

              Kalia @ Manas Kumar Das               ....       Appellant

                                   Mr. D. Das, Advocate

                                         -versus-

              State of Odisha                       ....    Respondent

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          11.12.2023

   25.             This   matter    is     taken    up   through   Hybrid

arrangement (video conferencing/physical mode).

Perused the letter dated 30.11.2023 received from the learned Sessions Judge, Khurda at Bhubaneswar from which it appears that the appellant is dead since last 22 years.

The appellant has preferred this criminal appeal challenging the judgment and order dated 18.12.2000 passed by the learned Sessions Judge, Khurda at Bhubaneswar in S.T. Case No.123 of 1999 wherein the appellant was found guilty for the offence under section 304 Part-II of the I.P.C. and sentenced to undergo R.I. for a period of seven years.

Section 394 Cr.P.C. deals with the abetment of appeals states that the appeal of this nature shall // 2 //

finally abate on the death of the appellant.

As per the proviso mentioned under sub-rule (2) of section 394 of Cr.P.C., no near relative of the appellant has filed any application for grant of leave to continue the appeal.

In view of the above, the appeal abates and accordingly the CRLA stand disposed of.

( S.K. Sahoo) Judge

Sipun

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Dec-2023 17:48:33