Criminal Appeal filed by the complainant challenging acquittal of accused. Court held appellant deceased (2013) and no legal heirs interested to proceed. Appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938
CRL.A.No. 160 of 2009
CRL.A 351/2006 OF ADDITIONAL SESSIONS COURT (ADHOC)-IV, THIRUVANANTHAPURAM, DATED 03-09-2008 ST.NO.61/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, VARKALA
APPELLANT/1ST RESPONDENT IN CRL.A.351/2006/COMPLAINANT IN ST.61/2006:
RAGHAVAN PILLAI, S/O.KUNJAN PILLAI, AGED 78 YEARS, THULASI BHAVAN, MUDDIAKODE DESOM, CHERUNIYOOR VILLAGE, VARKALA, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM.
BY ADVS.SRI.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN
1ST RESPONDENT/APPELLANT IN CRL.A.351/2006/ACCUSED IN ST.61/2006:
1. A.B.SHIHABUDEEN @ A.B.ZACHARIA, RABIYA MANZIL, MADAPPALLIKONAM ROAD, KAVALAYOOR DESOM, MANAMBOOR VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM.
2ND RESPONDENT/2ND RESPONDENT IN CRL.A.351/2006
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.M.RAJENDRAN NAIR R2 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 160 of 2009 ............................................................... Dated this the 2nd day of September, 2016
J U D G M E N T
This is an appeal filed by the first respondent in Crl.Appeal.No.351/2006 of the Additional Sessions Court (Adhoc-IV), Thiruvananthapuram challenging the judgment of acquittal passed in the Criminal Appeal. The said Criminal Appeal was preferred by the accused in S.T.No.61/2006 of the Judicial First Class Magistrate's Court-II, Varkala challenging the conviction and sentence. The case before the trial court is as a result of a private complaint filed by the appellant herein as complainant, against the first respondent herein as accused, alleging an offence punishable under Section 138 of the N.I. Act.
Crl. Appeal No. 160 of 2009
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accused before the trial court filed Crl.Appeal.No.351/2006 before the lower appellate court. The lower appellate court has chosen to allow the appeal and to set aside the conviction and sentence and to acquit the accused. It is by challenging the said judgment in the Criminal Appeal, the present appeal has been preferred by the complainant.
learned counsel for the appellant has pointed out that the appellant died on 31.05.2013. Thereafter, the learned counsel for the appellant has repeatedly asked the legal heirs of the appellant to come on record, if they are interested. They have not come forward and they are not interested in prosecuting the matter further. Hence, this Criminal Appeal is only to be dismissed.
In the result, this Criminal Appeal is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
State of Kerala
Raghavan Pillai
B. KEMAL PASHA
As recorded by the court registry
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