The court dismissed a criminal appeal filed in 2003 on the ground that the appellant was dead, no legal heirs had prosecuted it within eight years, and no instructions were received from heirs to continue. No substantive legal construction is provided.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933
CRL.A.No. 408 of 2003()
----------------------AGAINST THE ORDER DATED 29/10/2002 IN CC.304/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM
APPELLANT/ COMPLAINANT
VISWAMBHARAN CHETTIAR, S/O. PADMANABHAN CHETTIAR, DEEPU BHAVAN,
ALAM CODE, CHIRAYINKIL, THIRUVANANTHAPURAM.
BY ADV. SRI.D.KISHORE
RESPONDENTS/ACCUSED & STATE
ADV. SMT.SREEDEVI KYLASANATH FOR R1
SMT.V.J.SAFEENA FOR R1 SRI.S.SANJITH FOR R1 SMT.SHALEENA RAJAN FOR R1
P.P. SRI. P.A SALIM
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.HEMA ,J.
Crl.A No. 408 of 2003
Dated this the 13th June, 2011
J U D G M E N T
Learned counsel for appellant submitted that appellant in this appeal is 'dead' and he has not received any instructions from legal heirs to continue prosecution. In the light of the above submissions, I do not find any reason to proceed with this appeal. No Legal heirs have come forward to prosecute the appeal. Appeal is of the year 2003 and eight years have lapsed after filing of this appeal.
This appeal is dismissed.
(Sd/- K.HEMA, JUDGE)
ma
True copy
P.A to Judge
2
3
VISWAMBHARAN CHETTIAR
A.HABEEB
STATE OF KERALA
K.HEMA
As recorded by the court registry
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