N.V.Chandran vs Thankam
2024 Latest Caselaw 28395 Ker

Kerala High Court

N.V.Chandran vs Thankam on 25 September, 2024

CRL.A NO. 1445 OF 2007

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                                                      2024:KER:71701

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                          CRL.A NO. 1445 OF 2007

        AGAINST THE JUDGMENT DATED 28.04.2007 IN CC NO.1187 OF 2005

OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOYILANDY

        LEAVE GRANTED ON 03.07.2007 IN CRL.L. P NO. 436 OF 2007

APPELLANT/COMPLAINANT:

            N.V.CHANDRAN, S/O PERAVAKKUTTY,
            NEELIVEETTIL HOUSE, KARANNUR AMSOM,DESOM,, ERANHIKKAL,
            KOZHIKODE.


            BY ADVS.
            PRABIN BABU
            S.LAKSHMI



RESPONDENTS/ACCUSED:

    1       THANKAM, D/O CHOYIKKUTTY,
            VELUKKANAD ODINILAM PARAMB,, KOZHIKODAN VEEDU, BEYPORE,
            KOZHIKODE.

    2       SULAJA, W/O AJAYKUMAR
            KARANNUR AMSOM,DESOM,, NEELIVEETTIL HOUSE, ERANHIKKAL,
            KOZHIKODE.

    3       AJAYKUMAR, S/O CHANDUKKUTTY
            KARANNUR AMSOM,DESOM, NEELIVEETTIL HOUSE,, ERANHIKKAL,
            KOZHIKODE.
 CRL.A NO. 1445 OF 2007

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                                                    2024:KER:71701


    4     STATE OF KERALA REPRESENTED BY
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.


          BY ADVS.
          T.SUJA
          PUBLIC PROSECUTOR


OTHER PRESENT:

          PP-SMT.SEENA C.

     THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING             ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 1445 OF 2007

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                                                              2024:KER:71701

                             SOPHY THOMAS, J.
                        =====================

                       Crl. Appeal No. 1445 of 2007

                      ========================

                             JUDGMENT

Dated this the 25th day of September, 2024 This appeal is at the instance of the complainant in C.C. No.

1187 of 2005 against acquittal of the accused in a private complaint

filed by him under Sections 448, 427, and 506(1) of IPC. The

accused persons were the wife, daughter, and son-in-law of the

complainant, and the dispute was with respect to their matrimonial

issues.

2. Learned Magistrate, after appreciating the facts and evidence

found that, the complainant could not prove the offences alleged

against the accused and so they were acquitted, against which he had

preferred this appeal.

3. When the appeal was taken up for consideration, there was

no representation from the part of the appellant and so, notice was CRL.A NO. 1445 OF 2007

2024:KER:71701

ordered against him through SHO, Elathur police station.

4. A report was received from SHO, Elathur police station along

with copy of death certificate of the appellant/complainant, which

shows that he passed away on 31.12.2015. His wife, daughter, and

son-in-law are the respondents in the appeal, and nobody has come

forward to prosecute this appeal on his behalf, as his legal

representative.

5. Since the appellant/complainant is reported dead, and nobody

has come forward to prosecute this appeal, the appeal will stand

abated.

Hence, the appeal is dismissed as abated.

SD/-

SOPHY THOMAS JUDGE RMV