M.a.Balraj v. I.C.D.S.Limited,Kochi
Case brief
What is this about?
This is a criminal revision petition where the revision petitioner, the accused, had passed away pending the hearing. The single-judge bench held that while imprisonment abates upon death, the fine remains payable by the legal heirs. The court closed the proceedings pending revival by legal heirs and directed return of records for fine recovery.
What did the court decide?
Proceedings in the criminal revision petition closed; records sent back to trial court for recovery of fine from legal heirs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941
Crl.Rev.Pet.No.2191 OF 2004
AGAINST THE JUDGMENT IN Crl.A.1180/2003 DATED 30-06-2004 OF II ADDITIONAL SESSIONS COURT,ERNAKULAM
AGAINST THE JUDGMENT IN CC 139/2001 DATED 19-11-2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI
REVISION PETITIONER/APPELLANT/ACCUSED:
M.A.BALRAJ, INDIAN OIL DEALER, PROPRIETOR OF BAVA ENTERPRISES, KOCHI FISHERIES HARBOUR, THOPPUMPADY, KOCHI-5.
BY ADV. SRI.B.R.MURALEEDHARAN
RESPONDENT/RESPONDENTS/COMPLAINANT:
Issues for consideration
2 issues framed by the court
Whether proceedings in a criminal revision petition must be closed when the accused has passed away before the conclusion of the revision.
Whether the fine imposed in a criminal case abates on the death of the accused.
Parties & counsel
- appellant
M.A.BALRAJ
- respondent
I.C.D.S.LIMITED
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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