Yudhistir Barik And Others vs State Of Odisha
2025 Latest Caselaw 9132 Ori

Orissa High Court

Yudhistir Barik And Others vs State Of Odisha on 16 October, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRA No.173 of 2001

              Yudhistir Barik and others ....              Appellants

                                 Mr. Nilambar Jena,
                                 Amicus Curiae

                                       -versus-

              State of Odisha                     ....    Respondent
                                 Mr. Partha Sarathi Nayak,
                                 Addl. Government Advocate

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                   ORDER

Order No.                        16.10.2025
   29.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Learned counsel for the State has produced the written report dated 10.09.2025 of the Inspector in- charge of Niali police station, Cuttack, which shows that appellant no.1 Yudhistir Barik, appellant no.3 Shriram Chandra Barik, appellant no.4 Iswar Barik and appellant no.5 Birabar Barik are alive.

So far as appellant no.2 Basudev Barik is concerned, it is reported that he is dead. The letter of wife of appellant no.2 addressed to the Inspector in- charge of Niali police station, Cuttack is annexed to such written report. The written report dated

10.09.2025 of the Inspector in-charge of Niali police station, Cuttack produced by the learned counsel for the State is taken on record.

Since no legal heir of appellant no.2 Basudev Barik has filed any application seeking leave to continue the appeal within the prescribed period and as per the proviso mentioned under sub-rule (2) of section 394 of Cr.P.C. corresponding to section 435 of B.N.S.S., the CRA in respect of appellant no.2 stands abated.

Heard Mr. Nilambar Jena, learned Amicus Curiae appearing for all the appellants and Mr. Partha Sarathi Nayak, learned Additional Government Advocate appearing for the State.

Hearing is concluded.

Judgment is reserved.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Oct-2025 11:32:07