1 2026:CGHC:7692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1123 of 2017 Devnandan Ram Chouhan S/o Rameshwar Ram, Aged About 31 Years R/o Village Tula, Police Station -Farsabahar, District Jashpur, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through Police Station -Ambikapur, District Surguja, Chhattisgarh. ... Respondent(s) For Appellant : Ms. AS Chauhan, Advocate on behalf of Ms. Hamida Siddiqui, Advocate. For State : Mr. Jitendra Shrivastava, GA. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/02/2026 1. Vide PUD/letter dated 21.11.2024, learned Special Judge (NDPS Act), Ambikapur, District Surguja, (CG) has informed this Court that during pendency of this appeal, present accused/appellant- Devnandan Ram Chouhan has died on 23.08.2024. Death certificate of appellant is also annexed with said PUD. 2. Perusal of death certificate shows that present appellant has died on 23.08.2024. Death certificate of appellant is accordingly taken 2 on record. 3. Section 394(2) of the Cr.PC 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 appellant before this Court under Section 394(2) of Cr.PC, therefore, after expiry of said prescribed period, present appeal is finally abated on behalf of the appellant. 5. Accordingly, present criminal appeal stands dismissed as having abated. CC as per rules. Sd/- (Arvind Kumar Verma) JUDGE J.