E P PRITHVIRAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, the accused in C.C.395/2008 on the file of Judicial First Class Magistrate's Court-I, Sulthan Bathery taken cognizance for the offences under Sections 323 and 334 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the proceedings. As learned counsel appearing for the second respondent submitted that mother of the second respondent informed that while undergoing sentence, second respondent died, a report was called for from the Public Prosecutor. Public Prosecutor reported that second respondent committed suicide from Mental Asylum, Kuthiravattom. Learned counsel submitted that it is not a case of suicide, but homicide and mother is taking appropriate steps to proceed against the culprits.

(2.) IN view of the fact that the complainant is no more and mother of the deceased complainant had filed a complaint on the very same allegations raised in C.C.395/2008, which was taken cognizance by the Judicial First Class Magistrate's Court-I, Sulthan Bathery in C.C.322/2009, petition is disposed recording that C.C.395/2008 is not to be proceeded further, in view of the death of the complainant.