The High Court of Madras dismissed a criminal appeal as infructuous, holding that the appeal abated due to the death of the respondent/accused under Section 394(1) Cr.P.C.
The Criminal Appeal was dismissed as infructuous on account of the death of the respondent.
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.
CRL.A.No.863 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.A.No.863 of 2016
The State represented by The Public Prosecutor, High Court, Madras.
... Appellant
Versus
P.Rajendran ... Respondent PRAYER: Criminal Appeal filed under Section 378(1)(b) of Cr.P.C. Against the judgment passed in Spl.C.C. No.17 of 2014 dated 26.04.2016 on the file of the Special Judge, (Special Court for Trial of Cases under the Prevention of Corruption Act), Salem.
For Appellant : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
For Respondent : Mr.M.Elango
ORDER
This Criminal Original Petition was filed to call for the entire
records in C.C. No.2493 of 2012 on the file of the Metropolitan Magistrate Court, Egmore, Chennai and to quash the same.
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CRL.A.No.863 of 2016
3.Now, it is submitted by the learned Additional Public Prosecutor appearing for the appellant that the respondent Rajendran passed away on 06.04.2021, in confirmity to the same, produced the death certificate of the respondent dated 21.04.2021.
4.It is seen that every appeal filed under Section 377 or Section 378, shall finally abate on the death of the accused, as per Section 394(1) of the Code of Criminal Procedure 1973. Therefore, this Criminal Appeal filed under Section 378(1)(b) of Cr.P.C. stands abated on account of the
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CRL.A.No.863 of 2016
death of the respondent and the same is liable to be dismissed as infructuous.
5.Recording the submission made by the learned Additional Public
Prosecutor appearing for the appellant, this Criminal Appeal is dismissed as infructuous.
14.10.2022
vga
To
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CRL.A.No.863 of 2016
M.NIRMAL KUMAR, J.
vga
CRL.A.No.863 of 2016
14.10.2022
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1 issue framed by the court
Whether a criminal appeal filed under Section 378 Cr.P.C. abates upon the death of the accused.
3 provisions across 2 enactments
The State
P.Rajendran
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
