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Dharmar Vs The Inspector of Police — Criminal Trial and Appeal | Madras HC (2023)

Home
Madras HC
2023
Dharmar Vs The Inspector of PoliceDharmar v. The Inspector of Police

Disposed

Dharmar v. The Inspector of Police

Madras HC11 Oct 2023CRL A(MD)/316/2023

Case brief

AI extract

What is this about?

The criminal appeal was disposed of as abated because it was undisputedly established that the appellant had died on 26.09.2023.

What did the court decide?

Criminal Appeal abated; Criminal Miscellaneous Petition disposed of as closed.

What the court decided

AI extract

A

Crl. A(MD)No.316 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

CRL.A.(MD)No.316 of 2023

and

CRL.M.P.(MD)No.7401 of 2023

Dharmar

: Appellant

Vs.

State through

Parties & counsel

AI extract

appellant
Dharmar
respondent
State through The Inspector of Police, Abiramam Police Station, Ramanathapuram District

Coram

AI extract

M.SUNDAR

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 11 Oct 2023 · October
Registered: 17 Apr 2023
Case no.: CRL A(MD)/316/2023

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Cite this judgement

Dharmar v. The Inspector of Police, CRL A(MD)/316/2023 (MAD), decided on 11 October 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M.SUNDAR and RSAKTHIVEL

Parties & counsel

Outcome

Criminal Appeal abated; Criminal Miscellaneous Petition disposed of as closed.

Detailed headnote1 paragraphs

Criminal appeal disposed of as abated. The High Court held that since the appellant has no more alive, the appeal stands abated. The concurrent criminal miscellaneous petition was disposed of as closed having become infructuous.

A compact analysis

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.

The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(In Crime No.51 of 2015) : Respondent

PRAYER: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, calling for the entire records connected with the judgment in S.C.No.106 of 2015 on the file of the Hon'ble Sessions Judge, Fast Track Mahila Court, Ramanathapuram District dated 29.11.2021 and set aside the conviction and sentence imposed against the appellant.

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https://www.mhc.tn.gov.in/judis

Crl. A(MD)No.316 of 2023

For Appellant : Mr.S.Ramesh Kumar for Ms.M.Sudharani For Respondent : Mr.S.Ravi Additional Public Prosecutor

JUDGMENT ************* [Judgment delivered by M.SUNDAR, J.]

This judgment in captioned main Criminal Appeal and in captioned Criminal Miscellaneous Petition will now dispose of both.

2. When the matter was taken up, Mr.S.Ramesh Kumar, learned Counsel representing Ms.M.Sudharani, learned Counsel on record for appellant and Mr.S.Ravi, learned Additional Public Prosecutor for the State / respondent are before us.

3. Learned Counsel for appellant and learned Prosecutor submit in one voice that appellant is no more and that the date of demise is 26.09.2023 and the time is around 18:20 hours.

4. The following communication dated 26.09.2023 has been placed before us:

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Crl. A(MD)No.316 of 2023

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Crl. A(MD)No.316 of 2023

5. In the light of the undisputed position, the following order is

made:

a) Captioned main Criminal Appeal abates. Criminal Appeal is disposed of as abated.

b) Captioned Criminal Miscellaneous Petition is disposed of as closed having become infructuous.

[M.S., J.] & [R.S.V., J.] 11.10.2023 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No MR

https://www.mhc.tn.gov.in/judis

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Crl. A(MD)No.316 of 2023

To

1.The Sessions Judge, Fast Track Mahila Court, Ramanathapuram District

2.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

4.The Record Keeper, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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Crl. A(MD)No.316 of 2023

M.SUNDAR, J. and R.SAKTHIVEL, J.

MR

JUDGMENT MADE IN CRL.A.(MD)No.316 of 2023

11.10.2023

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RSAKTHIVEL

CNR

HCMD010352132023

Topic

Criminal Trial and Appeal

Bench

M. Sundar R.sakthivel

Disposal

DISMISSED AS ABATED

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