Madras High CourtCRL A/442/2013dismissed as abated

Lt.Col.S.S.Kadian v. The Inspector Of Police

2023-08-17Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HON'BLE MR. JUSTICE DR.G.JAYACHANDRAN Lt.Col.S.S.Kadian ... Appellant Vs.

The State represented by, The Inspector of Police, Special Police Enforcement/CBI/ACB, Chennai.

... Respondent PRAYER:

Criminal Appeal filed under Section 374 of Cr.P.C., to call for the records pertaining to C.C.No.5 of 2000 on the file of the learned XIV Additional Judge for CBI Cases, Chennai and set aside the judgment dated 29.05.2013 made in C.C.No.5 of 2000 on the file of the learned XIV Additional Judge for CBI Cases, Chennai.

For Appellant : No appearance For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI

J U D G M E N T

This Criminal Appeal has been filed against the order dated 29.05.2013 passed in C.C.No.5 of 2000 on the file of the learned XIV Additional Judge for CBI Cases, Chennai.

2. The XIV Additional Court for CBI Cases, Chennai, vide judgment dated 29.05.2013 in C.C.No.5 of 2000 convicted the accused Major General A.K.Gupta and Lt.Col.S.S.Kadian along with M/s.Coasta & Co., Aggrieved by the conviction, Major General A.K.Gupta preferred an appeal in Crl.A.No.443 of 2013 and Lt.Col.S.S.Kadian preferred appeal in Crl.A.No.442 of 2013.

3. When the matter is taken up for final disposal, it is reported by the Special Public Prosecutor (CBI) appearing on behalf of the respondent that Lt.Col.S.S.Kadian died on 06.03.2022. Death certificate issued by the Department of Health Services, Government of Hariyana, which was forwarded by the Special Judge, CBI, Court No.X, New Delhi before which this appellant was ordered to appear on the first working day of every alternative month is furnished.

4. Taking note of the death certificate of Lt.Col.S.S.Kadian, the appeal preferred by him in Crl.A.No.442 of 2013 is dismissed as abated.

17.08.2023 mfa To

1. The XIV Additional Judge for CBI Cases, Chennai.

2. The Inspector of Police, Special Police Enforcement/CBI/ACB, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai.

DR.G.JAYACHANDRAN,J., mfa 17.08.2023