Birabhadra Giri v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRA No.221 of 1993 Birabhadra Giri ....

Appellant Mr. D.P.Dhal, Advocate -versusState of Odisha ....

Respondent Mr.S.K. Das, S.C. for Vigilance Department

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.03.2022 08.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard learned counsel for the Petitioner and Mr.Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

3.

Learned counsel for the Petitioner submits that he has no instruction in the matter.

4.

Learned Standing Counsel for the Vigilance Department on instruction from the Superintendent of Police, Vigilance Department, Sambalpur, submits that Petitioner has died since 15.05.2005. He further submits that none of the legal heirs of the deceased Appellant have substituted the deceased sole Appellant to continue the appeal as provided under Section 394 of Cr.P.C.

// 2 // 5.

In such view of the matter the Criminal Appeal is abated and the same is disposed of as such.

6.

A free copy of this order be handed over to learned Standing Counsel for the Vigilance Department for communication purpose.

(A.K. Mohapatra) Judge U.K.Sahoo