Madras High Court
N.Chidambaranathan vs State Rep. By The Inspector Of Police on 3 February, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)No.361 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)No.361 of 2017
N.Chidambaranathan ... Appellant
versus
State rep. By the Inspector of Police,
Vigilance and Anti-Corruption,
Madurai. ... Respondent
Appeal filed under Section 374 of Code of Criminal Procedure, to call
for the records and set aside the conviction and sentence passed in Spl. Case
No.17 of 2011 dated 31.08.2017 by the learned Special Judge for trial of
Prevention of Corruption Act Cases, Madurai.
For Appellant : M/s.V.Muthu Kamatchi
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
JUDGMENT
This appeal is filed as against the Judgment of conviction passed by
the Special Court for trial of Prevention of Corruption Act Cases, Madurai,
https://www.mhc.tn.gov.in/judis
in Spl. Case No.17 of 2011 dated 31.08.2017.
2. The appellant was charged for the offences under Sections 7, 13(1)
(d) r/w. Section 13(2) of Prevention of Corruption Act. The trial Court, in
conclusion of trial, found the appellant guilty and sentenced him to undergo
two years simple imprisonment with fine of Rs.2,500/- for each offence. As
against the Judgment of conviction, this appeal was filed by the appellant in
the year 2017.
3. This Court, while entertaining the appeal, suspended the sentence
by order dated 12.09.2017 and the appellant was released on bail with
condition that he shall appear before the trial Court on the first working day
of every English Calender month at 10.30 a.m. till the disposal of the
appeal.
4. When this appeal was taken up for hearing on 05.08.2024, the
learned counsel appearing for the appellant submitted that he could not
contact his client. Therefore, this Court, by order dated 05.08.2024, called
for a report from the Special Court for Trial of Cases under Prevention of
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Corruption Act Cases, Madurai, as to whether the appellant is complying
with the condition as directed by this Court, in its order dated 12.09.2017.
5. Pursuant to the order of this Court dated 05.08.2024, the learned
Special Judge filed a report on 01.10.2024 that the appellant died on
02.09.2024. A copy of the death certificate was produced before this Court,
by the respondent/Vigilance and Anti-Corruption Department, Madurai.
Based on the report, this Court permitted the counsel for the appellant to file
necessary application for impleading the legal heirs, if they are interested to
prosecute the appeal.
6. Though this appeal was adjourned twice on 10.09.2024 and on
21.10.2024 for impleading the legal heirs, the learned counsel for the
appellant has not taken any steps to implead the legal heirs of the appellant
till date. Therefore, this Court is not inclined to grant further time to
implead the legal heirs of the appellant. Further, the legal heirs of the
appellant have not shown any interest to prosecute the appeal.
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7. In view of the above, this Criminal Appeal is closed as charges
abated. The legal heirs of the appellant are at liberty to revive this appeal by
filing necessary application before this Court within a period of four weeks
from the date of receipt of a copy of this order.
03.02.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Special Court for trial of
Prevention of Corruption Act Cases,
Madurai.
2. The Inspector of Police,
Vigilance and Anti-Corruption,
Madurai.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI, J.
ogy
03.02.2025
https://www.mhc.tn.gov.in/judis
