Lal Babu Khan v. State Of Chhattisgarh
Case at a glance
- Bench
- ARVIND KUMAR VERMA
Outcome
Dismissed
Accordingly, the present criminal appeal stands dismissed as
Provisions considered
- Code of Criminal Procedure, 1973 s. 394(2)
Key paragraphs
- Para 44. Accordingly, the present criminal appeal stands dismissed as having abated. Sd/- (Arvind Kumar Verma) Judge Vasant
Judgment
HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 240 of 2019 Lal Babu Khan S/o Ibrahim Khan Aged About 50 Years R/o Near Sundary Talab ,banjari Nagar ,ravanbhata ,police Station Khamtarai, Raipur District Raipur Chhattisgarh ... Appellant versus State Of Chhattisgarh Through The Police Station Khamtarai Raipur District Raipur Chhattisgarh ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Appellant : None For State-Respondent : Mr. Rishi Raj Pithawa, Dy. GA ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/04/2026
At the outset, learned State Counsel submits that the death certificate of the accused/appellant before this Court, indicating that he has died on 21.01.2022. The death certificate has been taken on record. 2
Section 394(2) CrPC provides that every other appeal under this 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.
In the instant case, there is no application filed by the legal representatives of the deceased appellant before this Court under Section 394 (2) of the CrPC. Therefore, after expiry of the said prescribed period, the instant appeal is finally abated on behalf of the appellant.
Operative part
Accordingly, the present criminal appeal stands dismissed as having abated. Sd/- (Arvind Kumar Verma) Judge Vasant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present criminal appeal stands dismissed as
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 394(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.