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Madras High CourtCRL A/629/2018dismissed as abated

Muthupandi v. Iop Peelamadu Ps Coimbatore

2023-02-13Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR Muthupandi ... Appellant -vsState rep. by The Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District.

Crime No.20/2014 ... Respondent Criminal Appeal filed under Section 374(2) of Cr.P.C. to set aside the Judgment dated 06.05.2016 made in S.C.No.304 of 2015 on the file of the learned Special Sessions Judge for Bomb Blast Cases, Coimbatore. For Appellant ..

Mr.K.Rhishi Thiruvengadam for Mr.R.Radha Pandian For Respondent ..

Mr.S.Raja Kumar Additional Public Prosecutor 1/5

JUDGMENT

[Judgment of the Court was made by M.SUNDAR, J.] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 06.02.2023, which reads as follows:

'Mr.K.Rhishi Thiruvengadam, learned counsel representing the counsel on record for appellant and Mr.S.Raja Kumar, learned State Additional Public Prosecutor are before us.

2.Learned counsel representing the counsel on record for appellant submits that the appellant [Mr.Muthupandi, Son of Mr.Ganesapandian] is no more.

3.Learned State Counsel requests for one week time to ascertain the position and revert to this Court. Request acceded to. List one week hence.

4.List on 13.02.2023.'

2.Today Mr.Rhishi Thiruvengadam, learned counsel representing counsel on record for appellant [lone accused] and Mr.S.Raja Kumar, learned State Additional Public Prosecutor for the respondent are before us. 2/5

3.Adverting to the earlier proceedings, learned counsel on both sides have placed before us a death certificate dated 12.02.2023 to say that the appellant [lone accused] died on 15.06.2021. A scanned reproduction of the death certificate is as follows:

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4.As there is no disputation about the factum of death of the appellant/lone accused, captioned criminal appeal abates. 5.Captioned criminal appeal is dismissed as abated. (M.S,J.) (M.N.K.,J.) 13.02.2023 Index:Yes/No cse To 1.The Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District.

2.The Special Sessions Judge for Bomb Blast Cases, Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai - 104.

4/5

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse 13.02.2023 5/5