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Viswambharan Chettiar Vs a.Habeeb — Criminal Trial and Appeal | Kerala HC (2011)

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Viswambharan Chettiar Vs a.HabeebViswambharan Chettiar v. a.Habeeb

Dismissed

Viswambharan Chettiar v. a.Habeeb

Kerala HC13 Jun 2011CRL.A/409/2003

Case brief

AI extract

What is this about?

Appeal dismissed as appellant deemed dead with no instructions from legal heirs to continue prosecution after eight years.

What did the court decide?

Appeal dismissed as the appellant was deemed dead and no legal heirs prosecuted the appeal.

What the court decided

AI extract

A

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. 409 of 2003()

----------------------CC.303/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM

APPELLANT/ COMPLAINANT

VISWAMBHARAN CHETTIAR

S/O. PADMANABHAN CHETTIAR DEEPU BHAVAN, ALAMCODE, CHIRAYINKIL, THIRUVANANTHAPURAM.

BY ADV. SRI.D.KISHORE

RESPONDENTS/ ACCUSED & STATE

Parties & counsel

AI extract

appellant
VISWAMBHARAN CHETTIAR
respondent
STATE OF KERALA

Coram

AI extract

K.HEMA

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 13 Jun 2011 · June
Registered: 4 Mar 2003
Case no.: CRL.A/409/2003

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Cite this judgement

Viswambharan Chettiar v. a.Habeeb, CRL.A/409/2003 (KL), decided on 13 June 2011.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K.HEMA

Parties & counsel

Outcome

Appeal dismissed as the appellant was deemed dead and no legal heirs prosecuted the appeal.

Detailed headnote1 paragraphs

Criminal appeal dismissed on ground that the appellant was 'dead' and no legal heirs had come forward to prosecute the appeal after eight years had lapsed since its filing.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A.HABEEB S/O. ALIYAR RAUTHER, ALAGHARATHU PUTHEN VEEDU, EDAYILEE PACHA, BAPPANNOOR, EDAMAM, PUNALOOR P.O.

STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

ADV. DR.K.P.KYLASANATHA PILLAY FOR R1 SRI.ARUN.B.VARGHESE FOR R1 SMT.SREEDEVI KYLASANATH FOR R1 SRI.T.P.DEYANANTHAN FOR R1

PUBLIC PROSECUTOR SRI. K.S SIVAKUMAR

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. 409 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

CNR

KLHC010062252003

Topic

Criminal Trial and Appeal

Bench

Disposal

DISMISSED

13 Jun 2011

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15 Jun 2011