Madras High CourtCRL A/1449/2003dismissed as abated

A.Ashok Raj v. R.Rajagopal @ Nakkheeran Gopal

2017-12-21Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21..12..2017

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Criminal Appeal No.1449 of 2003 A.Ashok Raj ... Appellant/Complainant -Versus1.R.Rajagopal @ Nakkheeran Gopal 2.Selvaraj (died pending trial) 3.Gangachalam 4.Kasi Thalaiyari (died pending trial) ... Respondents/Accused Appeal filed under Sections 372 & 378 of Cr.P.C. against the order of acquittal recorded on 22.07.2003 in C.c.No.9545 of 1993 by the learned XIV Metropolitan Magistrate, Egmore, Chennai 600 008.

For Appellant : Dr.A.E.Chelliah, Senior Counsel for Mr.A.Kandasamy For Respondent s : No Appearance for R1 & R3 Mr.R.Sekar, Government Advocate, for Sub Inspector of Police, Ramanatham Police Station, Cuddalore.

JUDGEMENT This appeal is at the instance of the victim against the order of acquittal of the accused dated 22.07.2003 made in C.C.No.9545 of 1993 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai.

2. The above said calendar case was instituted on a private complainant. The appellant is the complainant and the respondents are the accused. The learned Magistrate had taken cognizance of offences punishable under Sections 500, 501, 502, 505, 506 r/w 34 of IPC. After full trial, the learned Magistrate, by order dated 22.07.2003 acquitted the respondents. https://hcservices.ecourts.gov.in/hcservices/

Aggrieved by the same, the complainant is before this court with this criminal appeal.

3. Today, when the appeal came up for hearing, Mr.M.Chinnasamy, Sub Inspector of Police, Ramanatham Police Station, Cuddalore District, filed a memo through the Government Advocate (Criminal Side) stating that the complainant - Ashokraj died on 03.01.2017. A Xerox copy of the death certificate dated 19.01.2017 has also been filed in support of the memo. The said memo is recorded. The learned counsel for the appellant while conceding the above position, submitted that the appeal may be dismissed as abated.

4. In the result, this criminal appeal is dismissed as abated as the sole appellant had died.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmk 1.

The XIV Metropolitan Magistrate, Egmore, Chennai 600 008.

-Do- Thro' The Chief Metropolitan Magistrate, Egmore, Chennai-8 3.

The Inspector of Police, Ramanatham Police Station, Cuddalore District.

The Public Prosecutor, High Court, Madras-104 Copy To The Section Officer, Criminal Section, High Court, Madras-104 Criminal Appeal No.1449 of 2003 SV(CO) CS/13/02/18 https://hcservices.ecourts.gov.in/hcservices/