Sivanesan v. The Inspector of Police

JUDGMENT ************* [Judgment delivered by M.SUNDAR, J.] On 04.10.2023, when the captioned appeal was listed before this Bench, the following proceedings were made: 'Mr.A.Gowtham, learned counsel representing counsel on record for appellant and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondent State are before us.

2.Learned Counsel for appellant submits that he has to verify about the present status of appellant and revert to this Court. Request acceded to.

3.List on 18.10.2023.'

2.Today, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for respondent State adverting to the aforementioned proceedings placed before us the death certificate of the lone appellant who is sole accused and a scanned reproduction of the same is as follows:

3.The above death certificate makes it clear that the lone appellant who is sole accused is no more and the date of demise is

13.01.2023. To be noted, in the previous listing Counsel for appellant also submitted that lone appellant is no more but as a matter of abundant caution paragraph No.2 of the earlier proceedings was made so that the death certificate would be produced. The same has been done today. This means the captioned appeal abates.

4.Captioned Criminal Appeal is disposed of as abated. [M.S., J.] & [R.S.V., J.]

18.10.2023 Index : Yes/No Internet : Yes/No MR To

1.The Inspector of Police, Koodalur North Police Station, Theni District.

2.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

3.The Record Keeper, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

M.SUNDAR, J. and

R.SAKTHIVEL, J. MR CRL.A.(MD)No.149 of 2020

18.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CRL.A.(MD)No.149 of 2020 Sivanesan : Appellant Vs. State Rep. by The Inspector of Police, Koodalur North Police Station, Theni District. (In Crime No.32 of 2014) : Respondent PRAYER: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, calling for the entire records pertaining to the conviction and sentence passed in S.C.No.179 of 2014 on the file of the learned Sessions Judge, Fast Track Mahila Court, Theni dated 23.01.2020 and set aside the same as illegal and acquit the appellant. For Appellant : Mr.A.Sarankumar For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor