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. 408 of 2003() ----------------------- AGAINST THE ORDER DATED 29/10/2002 IN CC.304/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... APPELLANT/ COMPLAINANT ------------------------- VISWAMBHARAN CHETTIAR, S/O. PADMANABHAN CHETTIAR, DEEPU BHAVAN, ALAM CODE, CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/ACCUSED & STATE ------------------------------ 1. A.HABEEB, S/O.ALIYAR RAWTHER, ALAGHARATHY PUTHEN VEEDU, EDAYILEE PACHA, BAPPANNOOR EDAMAM, PUNALOOR P.O 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.SREEDEVI KYLASANATH FOR R1 SMT.V.J.SAFEENA FOR R1 SRI.S.SANJITH FOR R1 SMT.SHALEENA RAJAN FOR R1 P.P. SRI. P.A SALIM 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. 408 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 2 3