State Rep. By vs T.R.Viswanathan
2021 Latest Caselaw 5046 Mad

                                                                                    Crl.A.No.539 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.02.2021

                                                         CORAM:

                        THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                 Crl.A.No.539 of 2016

                 State rep. By
                 The Public Prosecutor
                 High Court
                 Madras – 600 104
                 (V&A.C., Cuddalore
                 Crime No.4/2006)                                 ... Appellant / Complainant

                                                          Vs.

                 T.R.Viswanathan
                 S/o.Rajan                                        Respondent / Accused

                 PRAYER: Criminal Appeal filed under Section 378 of Cr.P.C., to set aside
                 the judgment of acquittal of the respondent/accused passed by the Special
                 Court for the Cases under Prevention of Corruption Act, Villupuram in Special
                 Case No.7 of 2013, dated 14.08.2015 and to convict the respondent/accused
                 for the charges framed against him and pass sentence against him.

                                         For Appellant     : Mr.C.Iyyappa Raj,
                                                             Additional Public Prosecutor

                                         For Respondent    : Mr.S.Vijaya Ganesh




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                                                                                   Crl.A.No.539 of 2016

                                                      ORDER

This Criminal Appeal has been filed to set aside the judgment of

acquittal of the respondent/accused passed by the Special Court for the Cases

under Prevention of Corruption Act, Villupuram in Special Case No.7 of 2013,

dated 14.08.2015 and to convict the respondent/accused for the charges framed

against him and pass sentence against him.

2. It is reported by the learned Counsel for the respondent/accused that

the appeal has been filed against the order of acquittal of the

respondent/accused. He would further submit that the respondent/accused has

expired on 22.11.2019 and he is survived by his wife, 3 sons and one

daughter, and due to pendency of the appeal, they are unable to approach the

Department for claiming the benefits of the respondent/accused and thereby,

he would pray that the appeal may be closed as abated as per Section 394(1)

Cr.P.C. so as to enable them to receive the terminal benefits of the

respondent/accused.

3. The learned Government Advocate (Crl. Side) on verification would

submit that the respondent/accused namely T.R.Viswanathan S/o.Rajan has

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Crl.A.No.539 of 2016

expired on 22.11.2019.

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Crl.A.No.539 of 2016

4. In view of the above submission, this Criminal Appeal stands

dismissed as abated in view of Section 394(1) Cr.P.C.

25.02.2021 ksa-2

To

The Public Prosecutor High Court Madras – 600 104

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

Crl.A.No.539 of 2016

A.D.JAGADISH CHANDIRA,J.

Ksa-2

Crl.A.No.539 of 2016

25.02.2021

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