Bakiyam v. Saroja
Case brief
What is this about?
The High Court of Madras disposed of a criminal appeal arising from a Sessions court judgment. The appellant, who was the deceased complainant in the underlying case, submitted that his legal heirs were not interested in continuing the prosecution. The court accepted this submission and closed the appeal. ⚖️
What did the court decide?
The criminal appeal stands closed as the legal heirs of the deceased appellant expressed no interest in prosecuting it further.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 24.06.2019
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.A.No.53/2010
Bakiyam ... Appellant Vs 1.Saroja 2.Vani 3.Nirmala Devi 4.Latha 5.Thilaga 6.Nandakumar 7.Loganathan ... Respondents/A1 to A7
Prayer:- This Criminal Appeal is filed u/s.378 Cr.P.C., to allow the appeal by setting aside the judgment passed by the learned Assistant Sessions Judge, Namakkal [Sub Judge, Namakkal] in SC.No.74/2007 dated 13.11.2009
For Appellant : Mr.B.Vasudevan For Respondents : Mr.D.Sivakumaran
JUDGMENT
The learned counsel for the appellant would submit that the appellant/complainant, viz., Bakiyam, is no more and that he has informed about the pendency of the criminal appeal to the near relatives/ legal heirs of the deceased appellant/complainant and that they have informed him that they are not interested in prosecuting the appeal any further and would pray that the appeal may be dismissed for non prosecution.
Issues for consideration
1 issue framed by the court
Whether the criminal appeal should be allowed to proceed given the death of the complainant and the non-interest of his legal heirs in prosecuting it.
Parties & counsel
- appellant
Bakiyam
- respondent
Saroja
Coram
A.D. Jagadish Chandira
Case details
As recorded by the court registry
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