KAMALAM Vs. C MANIVANNAN

JUDGEMENT

(1.) THIS appeal is directed against the order of acquittal under Section 256 of Cr.P.C., dated 09.04.2009 passed in S.T.C.No.592 of 2004 on the file of the learned Judicial Magistrate No.III, Madurai.

(2.) HEARD Mr.G.Nagalingam, learned counsel appearing for the appellant and Mr.G.R.Swaminathan, learned counsel appearing for the respondent.

(3.) THE learned counsel appearing for the respondent would submit his argument that the petitioners herein have not initiated any steps to implead themselves before the Lower Court, on the death of the complainant and without other way to proceed with the case, the Lower Court had no other way except to acquit the accused. He would further submit that the arguments advanced by the learned counsel appearing for the appellant are not applicable to the present case since there was no complainant and the accusation against the respondent became abated. THErefore, he would request the Court not to entertain the appeal but to dismiss the same.