Madras High CourtCRL A/26/2021dismissed as abated

Lakshmanan @ Chinnapaiyan v. State Represented By

2022-11-03Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE RMT.TEEKAA RAMAN Lakshmanan @ Chinnapaiyan .. Appellant/Accused Vs.

State rep. by The Inspector of Police T-5 Thiruverkadu Police Station Chennai 77 Cr.No.1385/2017 .. Respondent/Complainant Criminal Appeal filed under Section 374 Cr.P.C. seeking to set aside the conviction and sentence imposed on the appellant vide judgment and order dated 27.03.2019 passed by the Principal Sessions Judge, Tiruvallur in S.C.No.82 of 2018.

For Appellant : Mr.R.Balakrishnan For Respondent : Mr.M.Babu Muthumeeran Additional Public Prosecutor 1/4

J U D G M E N T

(Delivered by P.N.PRAKASH, J.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 27.03.2019 passed by the Principal Sessions Judge, Tiruvallur in S.C.No.82 of 2018.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor produced a communication dated 17.02.2022 from the office of the Superintendent of Prisons, Central Prison-I, Puzhal, which reads as follows :

"2.It is submitted that the said prisoner was a known case of diabetes/COPD/Pyschiatric illness. Since the said prisoner had complained of difficulty in breathing on 03.02.2022, the prison Medical Officer referred him to Government Stanley Medical College and Hospital. The prisoner was immediately sent to Government Stanley Medical College and Hospital through prison personnel, where the said prisoner was admitted and treated there.

3.Under these circumstances, today (17.02.2022) at 06.35 hrs., a message was received from Tr.Babu Jayachandran, Sub-Inspector of Police, Stanley Police Station, informing that the prisoner had died on 16.02.2022 at 20.20 hrs. The message was immediately conveyed to Tmt.Ganga, Sister of the deceased prisoner. A case was registered at M-3 Police Station, Puzhal, and the Judicial Magistrate, Madhavaram has been requested to conduct inquiry in this regard. Detailed report 2/4

follows."

3. The learned counsel for the appellant submitted that the legal representatives of the appellant/accused have not come forward to file any petition to prosecute the appeal.

Hence, this criminal appeal stands abated under Section 394(2) Cr.P.C.

(P.N.P.,J.) (T K R,J.) 03.11.2022 gya To 1.The Principal Sessions Judge Tiruvallur

2. The Inspector of Police T-5 Thiruverkadu Police Station Chennai 77 3.The Public Prosecutor High Court Madras 3/4

P.N.PRAKASH,J.

AND RMT.TEEKAA RAMAN,J.

gya 03.11.2022 4/4