1 2025:CGHC:2522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1062 of 2018 Kharari Ram Dewangan S/o Late Shri Gangaram Dewangan Aged About 62 Years, Principal- Govt. School, R/o Quater No. 8-B Street No. 33a Sector 7, Bhilai Tahsil and District Durg, Chhattisgarh. ... Applicant versus Dooman Lal Soni S/o Late Shri Bahalram Soni House No. 321, Ward No. 39, Baijnathpara, Durg, District Durg Chhattisgarh. ... Respondent For Applicant : Mr. Purnendra Khichariya, Advocate For Respondent : Mr. J.K. Gupta, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 1. Learned counsel for the applicant contended that during the pendency of this criminal revision, Applicant- Kharari Ram Dewangan S/o Late Shri Gangaram Dewangan has died on 22.11.2024 and in this regard, death certificate is placed on record. 2. On perusal of the record, I have found that learned counsel for the applicant filed the documents along with covering memo. On perusal of the said documents, it appears that Applicant- Kharari 2 Ram Dewangan S/o Late Shri Gangaram Dewangan has died on 22.11.2024 and in this regard, death certificate is placed on record. 3. Section 394(2) in the Code of Criminal Procedure, 1973 provides as under : “Section 394(2) of 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. 4. In the instant case, there is no application filed by the legal representatives of the deceased-applicant before this Court under Section 394(2) of the CrPC/Section 435 of the BNSS. Therefore, after expiry of the said prescribed period, the instant criminal revision is finally abated on behalf of the applicant. 5. Accordingly, the present criminal revision stands dismissed as having abated. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR