Madras High CourtCRL OP(MD)/22090/2018dismissed as abated

Benjamin, v. Sundar Raj,

2021-12-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.22090 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.22090 of 2018 and Crl.M.P.(MD)Nos.10279 & 10280 of 2018 Benjamin ... Petitioner Vs.

1.Sundar Raj 2.Sivasankaran ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash all further proceedings in as C.C.No.637 of 2018 of Judicial Magistrate Court, Padmanabhapuram No.II against the petitioner.

For Petitioner : Mr.G.Cenil For R1 : Mr.C.Kishore R2 : No Appearance

ORDER

This criminal original petition has been filed to quash the proceedings in C.C.No.637 of 2018 on the file of the learned Judicial Magistrate No.II, Padmanabhapuram.

2.A report has been called for from the learned Judicial Magistrate No.II, Padmanabhapuram as to the state of the trial proceedings and the Court below sent a report stating that originally case was taken on file by the learned Judicial Magistrate, Padmanabhapuram and after bifurcation, the case was transferred to the file of the learned Judicial Magistrate No.II, Padmanabhapuram and renumbered as C.C.No.637 of 2018. Now, the case is pending for the examination of complainant under Section 244 Cr.P.C. During the trial process, the petitioner herein is reported to be dead on 11.12.2019. For the purpose of producing death certificate, the matter is being kept pending. 3.Since the petitioner is dead, the charges as against him are abated and nothing survives in this petition for further adjudication. Therefore, this criminal original petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.22090 of 2018 dismissed as abated. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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 The Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari Ditrict.

Crl.O.P.(MD)No.22090 of 2018 03.12.2021 MMS(CO) GC(15.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2