The petitioner alone died in an underlying criminal trial. The High Court dismissed the Criminal Original Petition primarily for lack of a living petitioner to prosecute, closing the connected petitions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.26446 of 2016 Crl.M.P.Nos.13206 & 13207 of 2016
Arun Kumar
...Petitioner
Vs.
Prayer :- Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records of the proceedings in C.C.No.5696 of 2015, on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai and to quash the same.
ORDER
This petition is filed to call for the records of the proceedings in C.C.No.5696 of 2015, on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai and to quash the same.
2.When this matter is taken up, the learned counsel for the petitioner submitted that the petitioner, who is the sole accused in C.C.No.5696 of 2015 pending on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai, died on 30.11.2021.
3.In view of the death of the petitioner, Criminal Original Petition in Crl.O.P.No.26446 of 2016, is dismissed. Consequently, connected miscellaneous petitions stand closed. https://hcservices.ecourts.gov.in/hcservices/
4.Learned counsel for petitioner is directed to file copy of the death certificate before the learned XVII Metropolitan Magistrate, Saidapet, Chennai, for the Court to pass appropriate orders.
Sd/Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
Arun Kumar
The State
G. Chandrasekharan
As recorded by the court registry
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