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G.Venkatesan Vs R.Jamuna Rani — Madras HC (2025) — LawSathi Research

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Madras HC
2025
G.Venkatesan Vs R.Jamuna RaniG.Venkatesan v. R.Jamuna Rani

Dismissed¶22

G.Venkatesan v. R.Jamuna Rani

Madras HC25 Mar 2025CRL RC/1235/2022

Case brief

AI extract

What is this about?

Madras High Court criminal revision (Crl.R.C.) dismissed as abated on death of accused/appellant during pendency; petitioner G.Venkatesan (Indian Oil Corporation dealer, Coimbatore) died 12.09.2022 (death certificate dated 19.09.2022; KG Hospital records verified; death confirmed by complainant R.Jamuna Rani produced via E-2 Peelamedu Police Station per Court order of 05.03.2025). Underlying challenge was to a conviction in C.C.No.338 of 2017 confirmed in C.A.No.178 of 2017, filed under Sections 397 & 401 Cr.P.C.; no merits adjudication occurred and connected Crl.M.P.No.13488 of 2022 was closed. Useful for abatement of pending criminal revisions upon the death of the accused.

What did the court decide?

The petitioner/appellant/accused died on 12.09.2022, as confirmed by the death certificate dated 19.09.2022 produced by his counsel, verified against the KG Hospital records, and confirmed by the respondent/complainant present in virtual mode.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the criminal revision petition survives for further adjudication in view of the death of the petitioner/appellant/accused on 12.09.2022, or whether it stands abated.

Ratio / Principle

The petitioner/appellant/accused died on 12.09.2022, as confirmed by the death certificate dated 19.09.2022 produced by his counsel, verified against the KG Hospital records, and confirmed by the respondent/complainant present in virtual mode.

Key takeaways

Nothing survives for further adjudication in the matter; consequently the Criminal Revision Petition is dismissed as abated and the connected Miscellaneous Petition (Crl.M.P.No.13488 of 2022) is closed.ratio¶22

Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar, J.) — Criminal revision under Sections 397 & 401 of Cr.P.C. (Crl.R.C.No.1235 of 2022) seeking to set aside the conviction in C.C.No.338 of 2017 (14.03.2018, Fast Track Court No.II, Judicial Magistrate Level, Coimbatore) as confirmed in C.A.No.178 of 2017 (08.06.2022, V Additional District and Sessions Judge, Coimbatore) and acquit the petitioner. During pendency the petitioner/appellant/accused died on 12.09.2022, evidenced by death certificate dated 19.09.2022, verified from KG Hospital records and confirmed by the respondent/complainant produced through police pursuant to the Court's direction of 05.03.2025. Finding that nothing survived for adjudication, the Court dismissed the criminal revision petition as abated and closed the connected miscellaneous petition (Crl.M.P.No.13488 of 2022). Decided 25.03.2025.

A

Crl.R.C.No.1235 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR

Crl.R.C.No.1235 of 2022 and Crl.M.P.No.13488 of 2022

G.Venkatesan S/o.V.Gopal Samyuktha Corporation, Indian Oil Corporation Dealer, Bharathi Colony, Coimbatore-641 004. ... Petitioner/Appellant/Accused -vsR.Jamuna Rani W/o.Rajendran, No.1/171, Chettipalayam Road, Eachanari, Coimbatore-641 021. ... Respondent/Respondent/Complainant Prayer: Criminal Revision filed under Section 397 & 401 of Cr.P.C., praying to set aside the conviction and sentence passed in C.C.No.338 of 2017 on 14.03.2018 by the Fast Track Court No.II, Judicial Magistrate Level, Coimbatore and having been confirmed by the learned V Additional District and Sessions Judge, Coimbatore in C.A.No.178 of 2017 on 08.06.2022 and acquit the petitioner herein.

For Petitioner : Mr.C.S.Dhanasekaran For Respondent : Mr.A.Prabhakaran *****

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

Crl.R.C.No.1235 of 2022

J U D G M E N T

On 05.03.2025, this Court directed the learned Government

Advocate (Crl.Side) to ensure the presence of the respondent/complainant through the jurisdictional Police.

Consequent to the above order, learned Government Advocate (Crl.Side) has ensured the presence of the respondent/complainant before this Court today through Mr.R.Nagarajan, Sub Inspector of Police, E-2, Peelamedu Police Station, Coimbatore City (Mobile No.94981-72724).

Learned counsel for the petitioner has produced a copy of the death certificate dated 19.09.2022 of the petitioner, which confirms petitioner/accused passed away on 12.09.2022.

The respondent/complainant, who is present before this

Court through virtual mode, confirms the death of the petitioner/accused. Further, on verification of the KG Hospital records, it is found that the petitioner/accused had expired on 12.09.2022.

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

Crl.R.C.No.1235 of 2022

5. In view of the above submissions, this Court finds nothing survives for further adjudication in this matter. Hence, this Criminal Revision Petition is dismissed as abated. Consequently, connected Miscellaneous Petition is closed.

25.03.2025

Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No ar

To:

The Fast Track Court No.II, Judicial Magistrate Level, Coimbatore.

The V Additional District and Sessions Judge, Coimbatore.

The Inspector of Police, E-2, Peelamedu Police Station, Coimbatore City.

The Public Prosecutor, High Court, Madras.

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

Crl.R.C.No.1235 of 2022

M.NIRMAL KUMAR,J.

ar

Crl.R.C.No.1235 of 2022

25.03.2025

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the criminal revision petition survives for further adjudication in view of the death of the petitioner/appellant/accused on 12.09.2022, or whether it stands abated.¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.397 & 401¶7

Procedural history

How this case reached the court

AI extract

Order under challenge
Conviction and sentence in C.C.No.338 of 2017 dated 14.03.2018 (Fast Track Court No.II, Judicial Magistrate Level, Coimbatore), confirmed in C.A.No.178 of 2017 dated 08.06.2022 by the V Additional District and Sessions Judge, Coimbatore; challenged by this criminal revision seeking acquittal of the petitioner.¶7
V Additional District and Sessions Judge, Coimbatore · 08.06.2022
Prior proceeding
Trial conviction and sentence passed in C.C.No.338 of 2017 on 14.03.2018 by the Fast Track Court No.II, Judicial Magistrate Level, Coimbatore.¶7
Prior proceeding
Confirmation of the conviction by the learned V Additional District and Sessions Judge, Coimbatore in appeal C.A.No.178 of 2017 on 08.06.2022.¶7
Prior proceeding
On 05.03.2025 this Court directed the learned Government Advocate (Crl.Side) to ensure the presence of the respondent/complainant through the jurisdictional Police.¶13-14
Prior proceeding
Respondent/complainant produced before the Court through Mr.R.Nagarajan, Sub Inspector of Police, E-2, Peelamedu Police Station, Coimbatore City.¶15
Prior proceeding
Learned counsel for the petitioner produced a death certificate dated 19.09.2022 confirming the petitioner/accused passed away on 12.09.2022.¶16
Prior proceeding
Respondent/complainant, present before the Court in virtual mode, confirmed the death of the petitioner/accused.¶17-18
Prior proceeding
On verification of the KG Hospital records the Court found the petitioner/accused had expired on 12.09.2022.¶18

Parties & counsel

AI extract

petitioner
G.Venkatesan S/o.V.Gopal Samyuktha Corporation, Indian Oil Corporation Dealer, Bharathi Colony, Coimbatore-641 004¶7
Mr.C.S.Dhanasekaran
respondent
R.Jamuna Rani W/o.Rajendran, No.1/171, Chettipalayam Road, Eachanari, Coimbatore-641 021¶7
Mr.A.Prabhakaran

Coram

AI extract

M. Nirmal Kumarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 25 Mar 2025 · March
Registered: 25 Aug 2022
Case no.: CRL RC/1235/2022
CNR: HCMA011327002022
Bench: M. Nirmal Kumar
Disposal: DISMISSED
Case type: Crl.R.C.

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Cite this judgement

G.Venkatesan v. R.Jamuna Rani, CRL RC/1235/2022 (MAD), decided on 25 March 2025.

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

Statutes1

Cr.P.C.397 & 401

View all statutes

Procedural history8

Conviction and sentence in C.C.No.338 of 2017 dated 14.03.2018 (Fast Track Court No.II, Judicial Magistrate Level, Coimbatore), confirmed in C.A.No.178 of 2017 dated 08.06.2022 by the V Additional District and Sessions Judge, Coimbatore; challenged by this criminal revision seeking acquittal of the petitioner.V Additional District and Sessions Judge, Coimbatore · 08.06.2022
Trial conviction and sentence passed in C.C.No.338 of 2017 on 14.03.2018 by the Fast Track Court No.II, Judicial Magistrate Level, Coimbatore.
Confirmation of the conviction by the learned V Additional District and Sessions Judge, Coimbatore in appeal C.A.No.178 of 2017 on 08.06.2022.

View full history

Bench / Coram

M. Nirmal Kumar

Parties & counsel