Madras High CourtCRL A/677/2018dismissed as abated

Sekar v. State Rep. By

2020-03-10Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.A.No.677 of 2018 Sekar, M/A32 Son of Kothandam, Mettu Street, Ko-Mangalam Village, Vridhacalam Taluk, Cuddalore District (Accused in Jail) ... Appellant -vsState, rep. by.

The Inspector of Police, Vridhachalam Police Station, Cuddalore District, Crime No.834 of 2011 ... Respondent Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment dated 08.01.2014 in S.C.No.220 of 2012 on the file of the III Additional District & Sessions Judge, Cuddalore at Viruthachalam.

For Petitioner :Mr.J.Stalin For Respondents:Mr.R.Prathap Kumar Additional Public Prosecutor

J U D G M E N T

(Order of the Court was delivered by N.KIRUBAKARAN, J.) It is represented by the learned counsel appearing on behalf of the appellant that the appellant died. Even though the Prison authorities are liable to file a memo to that effect, one Mr.J.Balakrishnan, Inspector of Police, Vridhachalam Police Station, Cuddalore District has filed a memo stating that the Appellant viz., Mr.Sekar died on 05.09.2019 at Government Head Quarters Hospital, Cuddalore and the same has been produced https://hcservices.ecourts.gov.in/hcservices/

before this Court. Paragraph 3 of the said memo is extracted as follows:

"3.I submit that during the pendency of this Criminal Appeal, the Appellant/Accused namely Sekar died on 05.09.2019 at Govt. Head Quarters Hospital, Cuddalore. I am herewith enclosed the copy of the Death Certificate issued by the Registrar of Birth and Death, Govt. District Head Quarters Hospital, Cuddalore."

2.In view of the above statement made by the learned counsel appearing on behalf of the appellant as well as the memo filed by the Inspector of Police, Vridhachalam Police Station, Cuddalore District, this Appeal is dismissed as abated. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sai To The Inspector of Police, Vridhachalam Police Station, Cuddalore District.

Copy to 1.The III Additional District and Sessions Judge, Cuddalore at Virudhachalam.

2.-Do- Thro The Principal Sessions Judge, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

4.The Section Officer, Criminal Section, High Court, Madras.

Crl.A.No.677 of 2018 mg[co] srg 09/07/2020 https://hcservices.ecourts.gov.in/hcservices/