IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 OP.No. 18691 of 2001(A) ---------------------------------- PETITIONER: ------------------- K.P. GOPINATHAN PILLAI, S/O. PADMANABHA PILLAI, AGED 65, RESIDING AT `GEETHA BHAVAN, NEDUMKUNNAM. BY ADV. SRI.K.JAYAKUMAR, SRI.HARISH R. MENON. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ALIKUNJU, S/O. ABDUL RAHIMAN RAWTHER, THOPPIL, PAIPADU, CHANGANACHERRY. 3. KARUNAKARA PANICKER, S/O. PADMANABHA PANICKER, PAIPADU, CHANGANACHERRY. GOVERNMENT PLEADER SRI. SANDESH RAJA FOR R1, ADV. SRI.MATHEW JOHN (K) FOR R2, ADV. SRI.SUJESH MENON V.B. FOR R2. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 30167/2001 IN O.P. NO. 18691/2001-A DISMISSED 23/07/2008. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THIS HONOURABLE COURT DT. 06/08/1998 IN C.R.P. NO. 760/1997. EXT.P.2: COPY OF THE ORDER DTD. 20/10/1998 IN I.A. NO. 3375/1995 IN O.S. NO. 482/1995 ON THE FILE OF THE ADDITIONAL SUB JUDGE, KOTTAYAM. EXT.P.3: COPY OF THE ORDER DTD. 15/10/1999 IN CR. APPEAL 900/98 AND 1055/98 PASSED BY THIS HONOURABLE COURT. EXT.P.4: COPY OF THE JUDGMENT DT. 08/03/2001 IN CMA NO. 90/2001 ON THE FILE OF THE DISTRICT COURT, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. P.N.RAVINDRAN, J. ====================================== O.P.No.18691 of 2001 ====================================== Dated this the 23rd day of July 2008 JUDGMENT The prayer in this Original Petition is to set aside Ext.P4 judgment passed by the Court of the District Judge of Kottayam in CMA Nos.90 of 1999 and 91 of 1999. By the said judgment, the Court of the District Judge upheld the order passed by the Additional Sub Court, Kottayam directing that the petitioner and another be proceeded against under Sections 195 and 340 of the Code of Criminal Procedure for the offences punishable under Sections 191, 192, 120A and 120B read with Section 34 IPC on the ground that they have fabricated a document in their favour. 2. The learned counsel appearing for the petitioner brought to my notice that the petitioner is no more. The learned counsel also submitted that as the person accused of the offences has expired, this Original Petition as well as the criminal case against him as C.C.No.212 of 2006 on the file of the Court of the Judicial First Class Magistrate, Changanassery have abated. Since the petitioner is no more, I close the Original Petition as abated. The first respondent State is directed to bring this fact to the notice of the Court of the Judicial Magistrate of First Class Changanassery where C.C.No.212 of 2006 is pending. P.N.RAVINDRAN, JUDGE css/ P.N.RAVINDRAN, J. O.P.No.18691/2001 JUDGMENT 23.07.2008