Madras High CourtCRL OP(MD)/21541/2018dismissed as abated

Subbu @ Subramanian, v. The Sub Inspector Of Police

2021-07-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.21541 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.21541 of 2018 CRL.M.P(MD).Nos.9973 & 9974 of 2018 Subbu @ Subramanian ... Petitioner/Accused No 5 Vs.

1.The Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

2.Selvam.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the criminal proceedings in C.C.No.212 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi.

For Petitioner : No-apperaance For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor.

For R1

O R D E R

This Criminal Original Petition has been filed to quash the criminal proceedings in C.C.No.212 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi.

2. On previous occasion (i.e.,) on 06.07.2021, a submission was made by the learned Additional Public Prosecutor to the effect that the petitioner expired on 19.04.2021. For the purpose of producing the Death Certificate, the matter has been listed today. Today, the learned Additional Public Prosecutor has produced the death certificate from the Village Administrative Officer to the effect that Subbaiya S/o.Karuppaiya was having another name (i.e.,) Subbu @ Subburamanian. Since the petitioner is reported to be dead, nothing survives for further consideration. Further, no petition has been filed by the legal heirs. So, the criminal case pending against the petitioner is also liable to be ordered as charge abated. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.21541 of 2018

3. In view of the above, this Criminal Original Petition is dismissed as abated. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-1539[I] dated 28/01/2019 ) Crl.O.P.(MD)No.21541 of 2018 27.07.2021 KB(05.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2