The High Court dismissed petitions seeking condonation of delay in filing criminal appeals against acquittal, ruling that the prosecution abated due to the death of the accused respondent in March 2017, thereby rejecting the appeals.
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 JUDICATURE AT MADRAS
DATED : 08.11.2017
CORAM :
THE HONOURABLE MR. JUSTICE P.N. PRAKASH
Crl.M.P.Nos. 2166 & 2167 of 2016 in Crl.A.Sr.Nos.6757 & 6760 of 2016
M/s. First Techno Services Pvt. Ltd., its Proprietrix concern namely, S.Ramakrishnan .. Petitioner/Complainant in both the petitions .. Vs .. P.V.Achuthan .. Respondent/Accused in both the petitions
These petitions have been filed under Section 5 of the Limitation Act seeking to condone the delay of 170 days in filing the Criminal Appeals against the acquittal and judgement made in C.C.Nos.4282 of 2013 & 3988 of 2014 dated 19.05.2015 on the file of the Fast Track Court at Magisterial Level-II, Egmore,Chennai-8.
Criminal Appeals filed under Section 378 of the Code of Criminal Procedure against the judgment dated 19.05.2015 made in C.C.Nos.4282 of 2013 & 3988 of 2014 on the file of the learned Fast Track Court at Magisterial Level-II, Egmore,Chennai-8 and convict the respondent/accused.
P.N.PRAKASH, J.
smi
For Petitioner in both petitions : Mr.R.Paramasivam
COMMON ORDER
These petitions have been filed seeking to condone the delay of 170
days in filing the above Crl.A.Sr.Nos.6757 & 6760 of 2016.
2.When these matters were taken up for hearing, learned counsel appearing for the petitioner/complainant submitted that the respondent/accused, by name, P.V.Achuthan, had died in March 2017.
3.Recording the same, these petitions are dismissed as the
prosecution abates against the accused. In view of the same, the Criminal
Appeals in Crl.A.Sr.Nos.6757 & 6760 of 2016 are rejected.
08.11.2017
smi
To,
1.The Judicial Magistrate, Fast Track Court at Magisterial Level-II, Egmore,Chennai-8.
Crl.M.P.Nos. 2166 & 2167 of 2016 in Crl.A.Sr.Nos.6757 & 6760 of 2016
1 issue framed by the court
Whether criminal appeals can be entertained after the death of the accused leading to abatement of prosecution.
M/s. First Techno Services Pvt. Ltd.
S.Ramakrishnan
P.V.Achuthan
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
