Madras High CourtCRL A/1034/2022disposed of

S.M.Settu v. D.Senthil Kumar

2026-01-22Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL A No.1034 of 2022 S.M.Settu, S/o.K.Manickam, Plot No.579, Leelavathi Nagar, Ambal Nagar (inside), Chikkarayapuram, Chennai - 69.

Appellant/Complainant Vs D.Senthil Kumar S/o.Devandiran, Muthu Mariamman Kovil Street, Chikkarayapuram, Chennai - 69.

Respondent/Accused PRAYER : Criminal Appeal filed under Section 372(2) of Cr.P.C. praying to set aside the order of acquittal passed against the respondent by the learned Judicial Magistrate, Fast Track Court (Magisterial Level No.II) at Poonamallee in S.T.C.No.281 of 2017 dated 20.12.2018 and convicted the respondent/accused with maximum punishment as prescribed by law. For Appellant : No appearance

J U D G M E N T

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This Court, on 06.01.2026, had passed the following order: "Counsel for the appellant submitted that the appellant is no more and unable to contact any one of the family members of the appellant.

2.In view of the above submission, this Court directs the learned Govt. Advocate (Crl.Side) to inform the family members of the appellant and the respondent about the pendency of the criminal appeal and also ensure the presence of the parties before this Court physically or through virtual mode.

3. List the matter on 22.01.2026."

2.In continuation and in conjunction with the earlier order passed by this Court on 06.01.2026, today Mr.N.Sivakumar, Sub-Inspector of Police, T14, Mangadu Police Station (Mob: 9498145548) ensured presence of Mrs.Amudha, W/o.S.M.Settu, residing at No.5/115, Leelavathi Nagar, Chikkarayapuram, Kundrathur, Chennai - 600 069 before this Court. Her identity is not disputed. She was asked to have an interaction with the learned Government Advocate with regard to her inclination as to whether she would get herself substituted and continue with the appeal. After interaction, said Amudha submitted that she is no more interested in continuing with the appeal and that the appeal may be disposed of by recording the demise of her husband. She has also given a letter to that effect. The same is extracted hereunder:

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M.NIRMAL KUMAR, J.

rsi

3. Recording the same, the Criminal Appeal is disposed of. 22.01.2026 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi To The Judicial Magistrate, Fast Track Court (Magisterial Level No.II) Poonamallee.

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