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Madras High CourtCRL A/646/2015dismissed as abated

C.Sakthivel v. M.Senthilkumar

2023-01-19Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2023

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.A.Nos.646, 647 and 648 of 2015 and Crl.R.C.No.85 of 2017 Crl.A.Nos.646, 647 and 648 of 2015 C.Sakthivel .... Appellant in all Crl. Appeals Vs.

M.Senthilkumar .... Respondent in all Crl. Appeals Crl.A.No.85 of 2017 M.Senthilkumar .... Petitioner Vs.

K.P.Arunachalam .... Respondent Prayer in Crl.A.Nos.646 of 2015: The Criminal Appeal has been filed under Section 378 of Criminal Procedure Code, to set aside the order -1-

passed by the Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode in S.T.C.No.173 of 2013 dated 11.04.2014. Prayer in Crl.A.Nos.647 of 2015: The Criminal Appeal has been filed under Section 378 of Criminal Procedure Code, to set aside the order passed by the Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode in S.T.C.No.214 of 2013 dated 11.04.2014. Prayer in Crl.A.Nos.648 of 2015: The Criminal Appeal has been filed under Section 378 of Criminal Procedure Code, to set aside the order passed by the Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode in S.T.C.No.248 of 2013 dated 11.04.2014. Prayer in Crl.RC.85 of 2017: The Criminal Appeal has been filed under Section 397 and 401 of Criminal Procedure Code, to set aside the conviction imposed in the judgment dated 05.12.

2016 made in C.A.No.1 of 2016 on the file of the Principal Sessions Court, Namakkal, confirming the conviction imposed in the judgment dated 01.12.2015 made in S.T.C.No.81 of 2015 on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode.

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Crl.A.Nos.646, 647 and 648 of 2015:- For Petitioner : Mr.C.Munusamy For Respondent : Mr.N.Manokaran Crl.RC.85 of 2017:- For Petitioner : Mr.N.Manokaran For Respondent : Mr.C.Munusamy - - - - - C O M M O N J U D G M E N T The Criminal Appeal Nos.646, 647 and 648 of 2015 have been filed against acquittal. It is represented by the learned counsel for the respondent that the respondent has died and nothing survives for further adjudication in this matter.

2. Recording the submission made by the learned counsel appearing for the respondent, these Criminal Appeals are dismissed as having become abated.

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3. As far as, the Criminal Revision Case in Crl.RC.No.85 of 2017 is concerned, the learned counsel for the petitioner submits that the said revision has been filed against conviction. Since the revision petitioner has died and only a sum of Rs.5,000/- has been imposed as fine and the said amount has already been paid, he further submits that the legal heirs of the petitioner are not interested in coming on record to pursue the revision.

4. Accordingly, the Criminal Revision is also closed. 19.01.2023 asi -4-

To

1. The Principal Sessions Court, Namakkal.

2. The Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode

3. The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY, J.

asi Crl.A.Nos.646, 647 and 648 of 2015 and Crl.R.C.No.85 of 2017 19.01.2023 -6-