CHANDRAMANI NAIK Vs. STATE OF C.G.

JUDGEMENT

(1.) This petition has been filed by one Shashibhushan Naik, the proposed legal representative of the deceased-Sole Appellant-Chandramani Naik under Sec. 482 read with Sec. 394 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C."), seeking recalling of the order dtd. 17/10/2023 passed by this Court in Criminal Appeal No.939 of 2004, whereby, the said appeal preferred by said Appellant-Chandramani Naik has been held to be abated on account of his death during the pendency of the said appeal on 1/8/2023.

(2.) Learned counsel appearing for the petitioner, while referring to subsec. (2) of Sec. 394 of Cr.P.C., submits that since by virtue of judgment dtd. 29/10/2004 passed by the learned 2nd Additional Sessions Judge, Raigarh in Sessions Trial No.28/2004, the said appellant-Chandramani Naik was not only sentenced for rigorous imprisonment of 7 years, but a fine amount of Rs.5,000.00 was also imposed upon him, therefore, the said appeal cannot be held to be abated. It is, therefore, contended that the order impugned dtd. 17/10/2023 be recalled, while permitting the proposed legal representative of said deceased sole appellant to continue the said appeal.

(3.) On the other hand, learned counsel appearing for the State, while referring to the provision prescribed under Sec. 362 of Cr.P.C., submits that since an order has already been passed, therefore, the same cannot be reviewed.