Ramesh v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Ramesh ... Appellant/P.W.1 Vs.

1.State represented by, The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

(Crime No.115 of 2006).

... 1st Respondent/ Complainant 2.Bhagyaraj ... 2nd Respondent/ Sole Accused PRAYER : Criminal Appeal filed under Section 372(1) of Cr.P.C to call for the records to set aside the acquittal Judgment passed by the Appellate Court in C.A.No.17 of 2016, dated 16.03.2017 on the file of the learned I Additional District and Sessions Judge, Thoothukudi and restore the trial Court conviction Judgment passed in C.C.No. 386 of 2006 on the file of the learned Judicial Magistrate No.1, Thoothukudi and punish the accused in accordance with law. For Appellant : Mr.N.Mohideen Basha For R - 1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 2 : Mr.R.Venkateswaran 1/4

JUDGMENT

This Criminal Appeal has been filed as against the acquittal Judgment passed in C.A.No.17 of 2016, dated 16.03.2017 on the file of the learned I Additional District and Sessions Judge, Thoothukudi and restore the trial Court conviction Judgment passed in C.C.No.386 of 2006 on the file of the learned Judicial Magistrate No.1, Thoothukudi.

2.When the matter is taken up for hearing today, the learned counsel appearing for the appellant would submit that while pending the appeal, the second respondent/accused died. Therefore, nothing survives for adjudication in this Criminal Appeal. 3.In view of the above, this Criminal Appeal is dismissed as abated.

22.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps 2/4

To 1.The I Additional District and Sessions Court, Thoothukudi.

2.The Judicial Magistrate No.1, Thoothukudi.

3.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

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

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G.K.ILANTHIRAIYAN, J.

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