Arunachalam v. Kathiravan
Case brief
What is this about?
A single-judge Criminal Appeal from an order of acquittal was dismissed because the respondent accused was no longer alive, rendering the appeal unviable.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2018
CORAM
THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN
Crl.A.No.237 of 2010
Arunachalam .. Appellant/Complainant Vs. Kathiravan .. Respondent/Accused
Prayer: Criminal Appeal filed under Section 378(4) of Criminal Procedure Code, to set aside the order passed in S.T.C.No.1860 of 2007 dated 30.03.2009 on the file of the Judicial Magistrate Court, No.1, Namakkal.
For Appellant : Mr.S.Balasubramanian For Respondent : T. Vijayaraghavan J U D G M E N T Today, when the appeal is taken up for hearing, the learned counsel appearing for the respondent made a submission before this Court that the respondent is no more. 2. Since the appeal has been filed praying to set aside the order of acquittal, nothing survives in keeping the appeal pending.
3. Hence, the criminal appeal is dismissed. Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar AT
Issues for consideration
1 issue framed by the court
Whether the criminal appeal should be decided in the absence of the respondent who had died.
Parties & counsel
- appellant
Arunachalam
- respondent
Kathiravan
Coram
R.Pongiappan
Case details
As recorded by the court registry
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