R.Anandan vs V.Periasamy
2023 Latest Caselaw 12434 Mad

                                                                               Crl. Appeal No. 681 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated : 13.09.2023

                                                        Coram

                     THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP


                                              Crl. Appeal No. 681 of 2010

                 R.Anandan                                             ..   Appellant

                                                          Vs

                 V.Periasamy
                                                                        .. Respondent/Accused


                           Criminal Appeal filed under Section 378 (4) Cr.P.C against the judgment

                 dated 07.09.2010 made in C.C.No.29 of 2008 on the file of the learned Judicial

                 Magistrate No.2, Dharmapuri.

                           For Appellant           ..    Mrs.Yoga Rajasekar

                                                         for Mrs.R.John Sathyan

                           For Respondent          ..    Mr.V.Sakkarapani



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl. Appeal No. 681 of 2010



                                                      JUDGMENT

The Appellant had preferred this Criminal Appeal as against the judgment

dated 07.09.2010 made in C.C.No.29 of 2008 on the file of the learned Judicial

Magistrate No.2, Dharmapuri.

2. When the case came up for hearing on earlier occasion ie., 24.08.2023,

there was no representation for both parties. Hence, the Appeal was directed to

be listed under the caption “for dismissal” on 31.08.2023. On 31.08.2023

learned Counsel appearing for the Appellant was directed by this Court to

proceed with the argument. On all previous dates, there was no representation for

both parties. When the learned Counsel appearing for the Appellant proceed with

the argument, the learned Counsel appearing for the Respondent/Accused

reported that the Respondent/Accused died. Hence, the case was adjourned to

13.09.2023 with a direction to the learned Counsel for the Respondent/Accused

to file death certificate of the Accused.

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 681 of 2010

3.Today 13.09.2023 when the case came up for hearing, the learned

Counsel for the Appellant and learned Counsel for the Respondent/Accused also

present in this Court. The learned Counsel for the Respondent/Accused filed a

memo dated 13.09.2023 along with Death Certificate of the Accused stating that

the Respondent/Accused died on 19.12.2020. The Memo dated 13.09.2023 is

recorded. Hence, the Appeal is to be dismissed as abated against the

Respondent/Accused.

4.In the result, this Criminal Appeal stands dismissed as abated.

13.09.2023 vsn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order

To The Judicial Magistrate No.2, Dharmapuri.

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 681 of 2010

SATHI KUMAR SUKUMARA KURUP.J,

vsn

Crl. A. No.681 of 2010

13.09.2023

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