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Madras High CourtCRL A/732/2013dismissed as abated

M.Gopalakrishnan v. The Deputy Superintendent Of

2022-03-25Honourable Mr Justice G. Chandrasekharan3 pages

Bail Slip The Petitioner / Accused viz., M.Gopalakrishnan (Now died) male aged 77 years, S/o.Mayor Radhakrishnan was directed to be released on bail vide order dated 07.11.2013 in CRL.M.P.No.1 of 2013 in CRL.A.No.732 of 2013 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN CRL.A.No.732 of 2013 and M.P.No.1 of 2013 M.Gopalakrishnan ...Appellant / Accused Vs.

State by, Deputy Superintendent of Police CBI, BS & FC, Bangalore, R.C.No.11(E)/96-CBI/BSFC/BLR

...Respondent / Complainant

Prayer :- Criminal Appeal is filed under Section 374(2) of Code of Criminal Procedure, to set aside the judgment passed by the learned Principal Special Judge for CBI cases in C.C.No.55 of 2000 on 23.10.2013 convicting the appellant for the offences under Section i) 120 (B) r/w. 420, 109 r/w. 420 I.P.C and Section 13 (2) r/w. 13 (1) (c) and (d) of Prevention of Corruption Act, 1988 sentencing him to undergo RI for 1 year and to pay fine of Rs.10,000/- in default to undergo RI for 4 months. ii)Section 13 (2) r/w. 13 (1) d of Prevention of Corruption Act, 1988 (4 counts) and sentencing him to undergo RI for 1 year each count and to pay a total fine of Rs.20,000/- (Rs.5000/- for each count) in default to undergo RI for 2 months and iii)13(2) r/w. 13(1) (c) of Prevention of Corruption Act, 1988 sentencing him to undergo RI for 1 year and to pay a fine of Rs.5,000/- in default to undergo RI for 2 months The sentences awarded were ordered to run concurrently. The total fine imposed on the appellant is Rs.35,000/-.

For Appellant : Mr.Sunder Mohan For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI cases

ORDER

Criminal Appeal in Crl.Ap.No.732 of 2013 is filed to set aside the judgment passed by the learned Principal Special Judge for CBI cases in C.C.No.55 of 2000 on 23.10.2013 convicting the appellant for the offences under Section i) 120 (B) r/w. 420, 109 r/w. 420 I.P.C and Section 13 (2) r/w. 13 (1) (c) and (d) of Prevention of Corruption Act, 1988 sentencing him to undergo RI for 1 year and to pay fine of Rs.10,000/- in default to undergo RI for 4 months. ii)Section 13 (2) r/w. 13 (1) d of Prevention of Corruption Act, 1988 (4 counts) and sentencing him to undergo RI for 1 year each count and to pay a total fine of Rs.20,000/- (Rs.5000/- for each count) in default to undergo RI for 2 months and iii)13(2) r/w. 13(1) (c) of Prevention of Corruption Act, 1988 sentencing him to undergo RI for 1 year and to pay a fine of Rs.

5,000/- in default to undergo RI for 2 months The sentences awarded were ordered to run concurrently. The total fine imposed on the appellant is Rs.35,000/-. 2.When this matter is taken up, learned counsel appearing for the appellant in Crl.A.No.732 of 2013, submitted that appellant M.Gopalakrishnan is dead and his legal heirs are not interested in pursuing this matter. A memo is filed in this regard.

3.In view of the submissions and filing of the memo that, appellant is dead and his legal heirs are not interested in proceeding this Criminal Appeal, Crl.A.No.732 of 2013 is dismissed as abated. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ep

To

1. The Principal Special Judge for CBI cases, Chennai.

2. The Special Public Prosecutor for CBI cases, High Court of Madras.

3. The Deputy Superintendent of Police CBI, BS & FC, Bangalore, R.C.No.11(E)/96-CBI/BSFC/BLR.

Copy to The Section Officer, Criminal Section, High Court, Madras - 104.

CRL.A.No.732 of 2013 PMK[co] NSK 06/04/2022