In this criminal appeal challenging a conviction under the Prevention of Corruption Act, the appellant submitted that he had passed away. The Court noted similar appeals involving both the appellant and his wife were dismissed as abated. Consequently, the present appeal was dismissed as abated.
The criminal appeal stands dismissed as abated.
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.424 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2023
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.A.No.424 of 2016
A.Mathivanan
... Appellant
Vs.
State represented by, The Inspector of Police, CBI/ACB/Chennai. ... Respondent
PRAYER : The Criminal Appeal is filed under Section 374 of Criminal
Procedure Code, to set aside the Judgment passed by the learned XII Additional Special Judge for CBI cases at Chennai in C.C.No.22 of 2007 dated 27.05.2016.
For Appellant : P.Ezhilnilavan For Respondent : Mr.K.Srinivasan, Special Public Prosecutor for CBI Cases
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JUDGMENT
The appellant, who was found guilty and convicted by the XII Additional Special Judge for CBI cases at Chennai, for the offences punishable under Sections 468, 467, 467 r/w 471, 477-A, 420 IPC and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, in C.C.No.22 of 2007, has filed the present criminal appeal challenging the conviction and sentence rendered against him vide Judgment dated 27.05.2016.
the appellant along with his wife was convicted in disproportionate asset
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case and against their conviction, they have filed the appeal in Crl.A.No.425 of 2016 and in that appeal, the death certificates of both the accused have been produced. Since there is no legal heirs to the accused and no body to pursue the matter, the appeal in Crl.A.No.425 of 2016 was dismissed as abated on 18.10.2023. Thereby, he prayed that the same order may be passed in the present appeal also.
made by the learned counsel appearing on both sides, the present Criminal Appeal stands dismissed as abated.
02.11.2023
ham
1. The XII Additional Special Judge for CBI cases, Chennai.
2. The Inspector of Police, CBI/ACB/Chennai.
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Crl.A.No.424 of 2016
A.D.JAGADISH CHANDIRA,J.
ham
Crl.A.No.424 of 2016
02.11.2023
1 issue framed by the court
Whether the criminal appeal filed by an appellant who is deceased should be dismissed as abated.
1 provisions across 1 enactments
A.Mathivanan
State represented by The Inspector of Police
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
