R.Vijayalakshmi vs State By
2023 Latest Caselaw 12718 Mad

                                                                                 Crl.A.No.542 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.09.2023

                                                       CORAM:

                    The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.A.No.542 of 2017



                   R.Vijayalakshmi                              ... Petitioner/P.W.1

                                                         -Vs-

                   1.State by:
                     The Inspector of Police,
                     Velur Police Station,
                     Velur,
                     Namakkal District

                   2.Bakkiam @ Pappathy                     ... Respondents/Complainant

                   Prayer:- Criminal Appeal filed under Section 397 & 401 of the Criminal
                   Procedure Code, to call for the records pertaining to the Order dated
                   17.09.2010 made in S.C.No.45 of 2010 on the file of the file of the
                   Assistant Sessions Judge, (Sub Court), Namakkal and set aside the same
                   and remand the case to the trial Court with a direction to try the case afresh
                   after adding charge under Section 498-A IPC along with Section 306 of
                   IPC.

                                     For Appellant     : M/s.A.Kruthika
                                                          for M/s.P.R.Balasubramanian
                                     For Respondents    : Mrs.G.V.Kasthuri
                                                          Additional Public Prosecutor


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.A.No.542 of 2017

                                                         ORDER

When the case came up for hearing on 11.09.2023, the learned

Counsel appearing for the Appellant submitted that the Appellant reported

dead recorded and the death certificate was also furnished and the same

was recorded and only for clarification regarding any relatives of the

Appellant were intended to prosecute the appeal, the case was posted on

19.09.2023 under the caption 'for clarification'.

2.Today (19.09.2023), the learned Counsel for the Appellant

submitted that the relatives of the Appellant are not willing to appear and

to prosecute the appeal.

3.The appeal was filed by the mother of the deceased women against

the judgment of acquittal by the learned Assistant Sessions Judge,

Namakkal in S.C.No.45 of 2010 dated 17.09.2010. Since the Appellant

died, nothing survives for adjudication in this appeal.

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

19.09.2023 vsn Index : Yes/No Speaking/Non-speaking order Note: Issue order copy on 20.09.2023.

https://www.mhc.tn.gov.in/judis Crl.A.No.542 of 2017

SATHI KUMAR SUKUMARA KURUP, J.,

vsn

Crl.A.No.542 of 2017

19.09.2023

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