Madras High CourtCRL A/837/2006dismissed for default

Robert v. The Inspector Of Police

2018-11-24Honourable Mrs Justice S. Ramathilagam2 pages

Bail Slip The Appellant/Accused/Petitioner namely Robert S/O Arokiasamy, was released on bail as per the order of this Court dated 05/01/2007 made in Crl.M.P.1/2006 in I.A.837/2006 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.A.No.837 of 2006 Robert ... Appellant /Accused Vs.

State rep. by Inspector of Police B-6, Kodungaiyur Police Station Chennai ... Respondent/Complainant PRAYER: This Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the judgment passed in S.C.No.624 of 2004 on the file of the learned Additional District and Sessions Judge, II Fast Track Court, Chennai 600 001 dated 29.10.2004 by allowing this Appeal. For Appellant : No Appearance For Respondent : Mr.R.Ravichandran Government Advocate (Crl. Side)

J U D G M E N T

The learned Government Advocate (Crl. Side) would submit that the sole appellant has died. He has also produced the death certificate copy issued by the Department of Municipal Administration & Water supply, Government of Tamil Nadu. Accordingly, prays for appropriate orders.

2.This Criminal Appeal has been filed by the appellant against the conviction and the same was dismissed by this Court on 24.11.2018 for dismissed for default.

3.As this Criminal Appeal is against conviction, the same cannot be dismissed for default. Hence, this Court is inclined to restore this Criminal appeal by its suomotto power and since the appellant has died, this Criminal Appeal stands dismissed as abated.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Superintendent, Central Prison, Vellore.

4.The Inspector of Police, B-6, Kodungaiyur Police Station, Chennai.

5.The Additional District and Sessions Judge (Fast Track Court-II), Chennai 6.The Public Prosecutor High Court of Madras 7.The Section Officer Criminal Section High Court of Madras.

Crl.A.No.837 of 2006 sr[co] srg 15/02/2019