N. Vidhyadharan vs State Of Kerala
2021 Latest Caselaw 18358 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
 TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                   CRL.A NO. 1461 OF 2018
AGAINST THE JUDGMENT IN CC 9/2012 OF ENQUIRY COMMISSIONER &
             SPECIAL JUDGE, THIRUVANANTHAPURAM
APPELLANT/1ST ACCUSED:

         N. VIDHYADHARAN,
         AGED 74 YEARS
         S/O NARAYANAN, FORMERLY FISHERIES SUB INSPECTOR,
         MARINE BLOCK, CHERIYAZHEEKKAL, RESIDING AT
         KIDAKKOTTU VEEDU, KULASEKHARAPURAM,
         KARUNAGAPPALLY.
         BY ADVS.
         R.BINDU (SASTHAMANGALAM)
         SRI.PRASANTH M.P


RESPONDENT/COMPLAINANT:

         STATE OF KERALA,
         REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
         OF KERALA, ERNAKULAM, KOCHI-682031.

         SRI.A.RAJESH, SPL.PUBLIC PROSECUTOR, VACB

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.A. No.1461 of 2018

                                      2


                  R. NARAYANA PISHARADI, J
         ----------------------------------------------------
                      Crl.A. No.1461 of 2018
        -----------------------------------------------------
                Dated this the 7th day of September, 2021

                               JUDGMENT

This appeal is filed by the first accused in the case

C.C.No.9/2012 on the file of the Court of the Enquiry

Commissioner and Special Judge, Thiruvananthapuram, challenging

the judgment passed by that court convicting and sentencing him

for the offences punishable under Sections 13(1)(c) and 13(1)(d)

read with 13(2) of the Prevention of Corruption of Act, 1988 and

also under Sections 420,468,471 and 120B of the Indian Penal

Code.

2. The appellant was sentenced by the trial court to

undergo simple imprisonment for a period of two years and to pay

a fine of Rs.5,000/- and in default of payment of fine, to undergo

simple imprisonment for a period of three months under each

count for the offences mentioned above.

3. When the appeal was taken up today, learned counsel

for the appellant submitted that the appellant is no more. A copy

of the death certificate of the appellant is produced which shows Crl.A. No.1461 of 2018

that he had died on 01.07.2020.

4. Learned counsel for the appellant has filed a statement

to the effect that the legal heirs of the appellant do not want to

proceed with the appeal further and therefore, the appeal may be

closed.

5. Though sentence of fine has been imposed on the

appellant by the trial court, since the legal heirs of the appellant do

not intend to come on record and to proceed further with the

appeal, there is no need to pass an order merely consigning the

records of the appeal to the record room as held by the Full Bench

of this Court in Pazhani v. State of Kerala (2017 (1) KHC

173). The appeal now stands abated.

Consequently, the appeal is dismissed as abated.

Sd/- R. NARAYANA PISHARADI JUDGE lsn