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Jayalakshmi vs State Of Kerala

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the wife of the sole accused in C.C No.962 of 2014 of the Judicial First Class Magistrate Court, Sasthamcotta. Pending the proceedings, the sole accused died. Now the petitioner seeks orders under Article 227 of the Constitution of India directing the court below to close the proceedings. Such an application cannot be entertained. On the death of the accused, the charge will naturally abate, and the court below will record that fact in the proceedings when the death certificate is produced before the court. There is nothing more to be done or directed to be done by the court below in such a situation. As and when death is reported and proved, abatement of the charge will be recorded in the proceedings by the learned Magistrate and the prosecution will end. This Court need not pass any order or direction to the court below. This Original Petition is accordingly closed. SD/- P.UBAID JUDGE ma
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Title

Jayalakshmi vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri Vinoy Varghese
  • Kallumoottill