IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 CRL.A.No. 409 of 2003() ----------------------- CC.303/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... APPELLANT/ COMPLAINANT ----------------------------- VISWAMBHARAN CHETTIAR S/O. PADMANABHAN CHETTIAR DEEPU BHAVAN, ALAMCODE, CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/ ACCUSED & STATE ------------------------------ 1. A.HABEEB S/O. ALIYAR RAUTHER, ALAGHARATHU PUTHEN VEEDU, EDAYILEE PACHA, BAPPANNOOR, EDAMAM, PUNALOOR P.O. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. DR.K.P.KYLASANATHA PILLAY FOR R1 SRI.ARUN.B.VARGHESE FOR R1 SMT.SREEDEVI KYLASANATH FOR R1 SRI.T.P.DEYANANTHAN FOR R1 PUBLIC PROSECUTOR SRI. K.S SIVAKUMAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.HEMA ,J. ------------------------- Crl.A No. 409 of 2003 -------------------------- Dated this the 13th June, 2011 J U D G M E N T Learned counsel for appellant submitted that appellant in this appeal is 'dead' and he has not received any instructions from legal heirs to continue prosecution. In the light of the above submissions, I do not find any reason to proceed with this appeal. No Legal heirs have come forward to prosecute the appeal. Appeal is of the year 2003 and eight years have lapsed after filing of this appeal. This appeal is dismissed. (Sd/- K.HEMA, JUDGE) ma /True copy/ P.A to Judge