Orissa High Court
Dhrubadutta Patel And Another vs State Of Odisha on 10 October, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA No.222 of 1999
Dhrubadutta Patel and another .... Appellants
None
-versus-
State of Odisha .... Respondent
Ms.Suvalaxmi Devi, Addl. Standing Counsel
CORAM:
HON'BLE MR.JUSTICE MURAHARI SRI RAMAN
ORDER
10.10.2025
Order No.
06. 1. None appears for the appellants when the matter is called. Heard
Ms.Suvalaxmi Devi, learned Addl. Standing Counsel appearing for the
State.
2. This appeal has been filed under Section 374 of the Code of
Criminal Procedure, 1973 against the judgment dated 10th August,
1999/28th August, 1999 of the learned Judge (Special Court),
Sambalpur rendered in T.R. Case No.52 of 1997 by which the
accused/appellants, namely, Dhrubadutta Patel and Sanjay Patel were
found guilty and sentenced to undergo R.I. for a period of six months
each for the offence under Section 332 read with Section 34 of IPC,
subject to set off.
3. This Court vide order dated 22nd September, 1999 admitted this
appeal and granted bail to both the appellants, namely, Dhrubadutta
Patel and Sanjay Patel by directing the learned court below for
production of the L.C.R. Thereafter, the matter was taken up on several
occasions, i.e., 01.08.2025 and 15.09.2025.
4. Today, when the matter is called for hearing, Ms.Suvalaxmi
Devi, learned Addl. Standing Counsel produced the detailed
instructions received from the DSP I/C, Kuchinda Police Station,
Sambalpur, wherein it is stated that during local enquiry, it could be
ascertained that the appellant No.1-Dhrubadutta Patel, S/O: Late
Gobindaram Patel is dead 15 years ago due to old age and another
appellant, namely, Sanjay Patel (45 years), S/O: Late Dhrubadutta Patel
is residing at village, Binjipali, P.S.: Kuchinda, Dist:Sambalpur along
with his family members. The said instruction is taken on record.
5. Considering the submissions so made and after going through
the records, it appears that this appeal is filed under Section 374 of the
Cr.P.C. At this juncture, it may be pertinent to take note of provisions
of Section 394 of the Cr.P.C., which is quoted hereunder:
"394. Abatement of appeals.--
(1) Every appeal under section 377 or section 378 shall
finally abate on the death of the accused.
(2) Every other appeal under the Chapter (except an appeal
from a sentence of fine) shall finally abate on the death
of the appellant:
Provided that where the appeal is against a conviction
and sentence of death or of imprisonment, and the
appellant dies during the pendency of the appeal, any of
his near relatives may, within thirty days of the death of
the appellant, apply to the Appellate Court for leave to
continue the appeal; and if leave is granted, the appeal
shall not abate.
Explanation.-- In this section, "near relative" means a
parent, spouse, lineal descendant, brother or sister."
6. Since the appellant No.1- Dhrubadutta Patel is dead, in view of
the aforesaid provision, the appeal stands abated qua appellant No.1-
Dhrubadutta Patel.
6.1. So far as the Criminal Appeal in respect of appellant No.2-
Sanjay Patel is concerned, let the same be listed for hearing.
7. Hence, list this matter on 21st November, 2025.
(M.S. Raman)
Bichi Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 13-Oct-2025 18:41:54
