Orissa High Court
Pankaj Choudhury 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.148 of 1999
Pankaj Choudhury .... Appellant
Mr.Biswa Kumar Mishra, Advocate
-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.
09. 1. This appeal has been filed under Section 374 of the Code of
Criminal Procedure, 1973 against judgment dated 22nd May, 1999 of
the learned Special Judge, Koraput at Jeypore rendered in T.R. Case
No.158 of 1995 by which the accused/appellant, namely, Pankaj
Choudhury was sentenced to undergo R.I. for a period of six months
for the offence under Section 3 (1) (x) of the S.C. & S.T. (P.A.) Act,
R.I. for one month under Section 323 IPC along with fine of Rs.50/-, in
default, to undergo Simple Imprisonment for seven days under Section
341 IPC with further direction that the sentences awarded under
Section 3 (1) (x) of the S.C. & S.T. (P.A.) Act and Section 323 IPC
shall run concurrently.
2. This Court vide order dated 11th June, 1999 admitted this appeal
and granted bail to the appellant-Pankaj Choudhury and realization of
the fine amount was directed to be stayed. Thereafter, the matter was
taken up on 01.08.2025, 15.09.2025, 16.09.2025 and 19.09.2025.
3. Today, when the matter is called for hearing, Ms.Suvalaxmi
Devi, learned Addl. Standing Counsel produced the detailed
instructions received from the IIC, Damanjodi Police Station, wherein
it is stated that on local verification and enquiry conducted in the native
village of the appellant-Pankaj Choudhury, it is found that the appellant is
the son of Krupasindhu Choudhury and his native village is Damuripadar,
P.S., Damanjodi, Dist:Koraput. It was confirmed through local sources,
village records, and family inquiry that the appellant-Pankaj Choudhury
has died about 16 years ago. The instructions so provided by the IIC,
Damanjodi P.S. is taken on record.
4. In view of the aforesaid instructions furnished by the learned
Addl. Standing Counsel, 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."
5. As the appellant is dead as referred to above and none has
approached in terms of proviso to sub-section (2) of Section 394, the
instant Criminal Appeal stands abated as against the sole appellant.
Accordingly, the Criminal Appeal stands disposed of.
(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
