M.Gurusamy vs State Rep. By
2021 Latest Caselaw 24840 Mad

                                                                                   Crl.A.No.734 of 2012


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 16.12.2021

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE V. BHARATHIDASAN

                                                  Crl.A.No.734 of 2012

                     M.Gurusamy,
                     S/o.Mutha Gounder                                           ... Appellant

                                                            Versus

                     State rep. by
                     Deputy Superintendent of Police,
                     Vigilance and Anti Corruption Wing,
                     Special Cell, Salem Dt.
                     (Crime No.8/AC/2003)                                        ... Respondent

                     PRAYER : Criminal Appeal filed under Section 374 (2) of the Code of
                     Criminal Procedure, to set aside the judgment of the learned Chief Judicial
                     Magistrate/Special Judge, Namakkal made in Special C.C.N.12 of 2004
                     dated 01.10.2012.

                                      For Appellant             :    Mr.K.Kalaivanan for
                                                                       Mr.G.D.Johnson

                                      For Respondent            :    Mr.C.E.Pratap,
                                                                     Govt. Advocate (Crl. Side)



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                      Crl.A.No.734 of 2012


                                                           ORDER

This Criminal Appeal has been filed challenging the conviction and

sentence passed in Special C.C.No.12 of 2004 dated 01.10.2012 on the

file of learned Chief Judicial Magistrate / Special Judge, Namakkal against

appellant/A1, who was convicted for the offence under Sec.7 of

Prevention of Corruption Act.

2. Today, when the matter taken up for hearing, learned counsel

appearing for the Appellant submitted that pending appeal, sole

appellant/A1 died on 08.10.2021 and he has also produced the copy of

death certificate. Hence, he prayed that this Criminal Appeal may be

dismissed as abated.

3. Mr.C.E.Pratap, learned Government Advocate (Criminal Side)

appearing for respondent has filed a memo to that effect stating that

appellant expired on 08.10.2021 and he has also produced the copy of

death certificate.

https://www.mhc.tn.gov.in/judis Crl.A.No.734 of 2012

4. Considering the fact that pending appeal, Sole Appellant/A1 died

on 08.10.2021, this Criminal Appeal is dismissed as abated.

16.12.2021

rpp

To

1.Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Special Cell, Salem Dt.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.A.No.734 of 2012

V. BHARATHIDASAN, J.

rpp

CRL.A.No.734 of 2012

16.12.2021

(2/2)

https://www.mhc.tn.gov.in/judis