Madras High CourtCRL RC/1782/2011dismissed as abated

M.K.Sivaji Raja v. State Rep By

2018-04-20Honourable Mr Justice R. Pongiappan3 pages

Bail Slip That the petitioner/Accused-1 viz N.K.Sivaji Raja S/o.Kesavan Nair was direced to be released on bail as per order dated 13/08/12 made in Mp 1/11 in Crl.RC.No.1782/11 on the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.No.1782 of 2011 M.K. Sivaji Raja .. Petitioner Vs State rep. By The Sub Inspector of Police, Central Crime Branch, Chennai City Unit, Egmore, Chennai-18 (X Cr.No. 719 of 1995) .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to call for the records pertaining to the Judgment dated 08.12.2011 in Cr.Appl. No. 1/2010 on the file of the III Additional Sessions Judge, City Civil Court, Chennai, confirming the judgment dated 17.12.2009 in C.C. No. 1664 of 2004 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai and set aside the same.

For Petitioner :

Mr.P.Selvaraj For Respondent :

Ms. T.P.Savitha Government Advocate (Crl.Side)

O R D E R

The present revision petition has been filed to to call for the records pertaining to the Judgment dated 08.12.2011 in Cr.Appl. No. 1/2010 on the file of the III Additional Sessions Judge, City Civil Court, Chennai, confirming the judgment dated 17.12.2009 in C.C. No. 1664 of 2004 on the file of the XI

Metropolitan Magistrate, Saidapet, Chennai and set aside the same.

2. Today, when the matter was taken up hearing, the learned counsel appearing for the revision petitioner and learned Government Advocate(Crl.Side) appearing for the respondent made representation that the revision petitioner had died on 20.09.2015 and to that effect the learned counsel for the revision petitioner had filed a Memo dated 09.02.2018 before this Court along with the Death Certificate of the revision petitioner viz., Sivaji Raja and the same are recorded.

3. In view of the above, nothing survives for adjudication in this case. Hence, recording the said submission made by both the counsels, the revision petition stands dismissed. Since, the petitioner died, the offences committed by the petitioner under Sections 420, 420 r/w 511, r/w 34 (2 counts), 467 r/w109, 468 r/w 34 and 471 of IPC are also abated.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ak To

1. The Sub Inspector of Police, Central Crime Branch, Chennai City Unit, Egmore, Chennai-18

2. The Public Prosecutor High Court, Madras.

3.The III Additional Sessions Judge, City Civil Court, Chennai.

4.The XI Metropolitan Magistrate, Saidapet.

5.The Chief Metropolitan Magistrate, Egmore, chennai

copy to:

The Section Officer, Criminal Section, High Court, Madras-104 Crl.R.C.No.1782 of 2011 na(co) nr 04/06/2018