Saraswathy.L v. R.Krishnan Nair and Another
Case brief
What is this about?
Criminal Appeal dismissed as abated on grounds of death of accused under Section 394 Cr.P.C. without substantive adjudication.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 21ST DAY OF FEBRUARY 2013/2ND PHALGUNA 1934
CRL.A.No. 463 of 2011 --------------------[AGAINST THE ORDER/JUDGMENT IN ST.337/2006 of J.M.F.C.-IX, THIRUVANANTHAPURAM DATED 30-09-2010]
APPELLANT(S)/PETITIONER/COMPLAINANT: ------------------------------------SARASWATHY.L,TC NO.50/145, AAYILATHE VEEDU, ELAMTHENGU, KALADY KARAMANA.P.O, THIRUVANANTHAPURAM. BY ADVS.SRI.D.SAJEEV SMT.LIGEY ANTONY SRI.C.RAJENDRAN RESPONDENTS(S)/ACCUSED AND STATE: --------------------------------1. R.KRISHNAN NAIR,TC NO.7/1686, PATHANATHU BHAVAN, PANCODE, THIRUMALA.P.O THIRUVANANTHAPURAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.N.SURESH.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 21-02-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No. 463 of 2011
Dated this the 21st day of February, 2013
J U D G M E N T
Counsel for the appellant submitted that the accused
is no more. Therefore, the appeal is abated by virtue of Section 394 of the Cr.P.C. Accordingly, this Criminal Appeal is dismissed as abated.
V.K.MOHANAN, Judge
MBS/
1 issue framed by the court
Whether a criminal appeal abated under Section 394 Cr.P.C. requires dismissal for default or substantive adjudication.
1 provisions across 1 enactments
SARASWATHY.L
R.KRISHNAN NAIR
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court