Arusamy v. State Rep By Its

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.A .No.1 of 2022 and Crl.M.P.No.16585 of 2022 Arusamy .. Appellant/Accused Vs.

State Rep by its, The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

(Crime No.10/2017) ... Respondent Appeal filed under Section 374(2) of Criminal Procedure Code praying to call for the records of the case in Special Calendar Case No.7/2018 dated 09.12.2019 on the file of Sessions Judge, Mahila Court, Mahalir Neethimandram, Coimbatore and set aside the conviction and sentence passed against the appellant and he be acquitted . 1/7

For Appellant : Ms.S.Tamilarasi For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,] Ms.S.Tamilarasi, learned counsel on record for lone appellant and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for the respondent are before us.

2. We are informed by learned counsel for appellant that the captioned matter was referred to her through Legal Services Authority (Legal Aid). Learned counsel submits on instructions that the lone appellant is no more and that the date of demise is 27.12.2022.

3. Affirming the submission, learned counsel has placed before us a hard copy of electronic mail from the Superintendent of Prison, Central 2/7

Prison, Coimbatore together with an attached hard copy of wireless message. A scanned reproduction of the same are as follows: 3/7

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4. The above speaks for itself.

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5. In the light of the narrative thus far, the captioned appeal under Section 374 (2) of 'Criminal Procedure Code' ['Cr.P.C.' for brevity] abates.

6. Captioned Criminal Appeal is disposed of as abated. Consequently, connected miscellaneous petition is closed. (M.S.,J.) (M.N.K.,J.) 13.03.2023 Index : Yes / No Speaking / Non-speaking rsi To 1.The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

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M.SUNDAR, J., and M.NIRMAL KUMAR, J., rsi Crl.A.

No.1 of 2022 .03.2023 7/7