SHIBU GEORGE Vs. JIJIMON

JUDGEMENT

(1.) The father of the petitioner was the plaintiff in a suit on the file of a Sub Judge. He filed an application under Section 340 CrPC, which was dismissed by the learned Sub Judge. He filed an appeal under Section 341 CrPC. During the pendency of the appeal he died. The petitioner filed Annexure B application to permit him to prosecute the appeal. The appellate court did not pass any orders on it. But in the appeal it recorded: "Appellant died on 27/01/2018. So ('see'?) the memo filed. No legal heirs impleaded. Hence appeal abated" (sic). The order is sought to be set aside.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though notice was issued to the first respondent, he has not entered appearance.

(3.) The petitioner's father filed the application under Section 340 CrPC. It was taken on the file of the Sub Judge as an interlocutory application. The appeal against the order passed in it was taken on the file of the learned District Judge as a Civil Miscellaneous Appeal. The order passed in it is challenged in this Petition filed under Section 482 CrPC. The Registry of this Court doubted the maintainability of the Petition under Section 482 of the Code. The Petition was taken on file subject to the direction that its maintainability would be heard later.