HANSA V. KAPADIA Vs. S. RAVINDRAN

JUDGEMENT

(1.) HEARD the Advocate for the petitioner, the respondent No. 1 and A.P.P. for the State -respondent No. 2.

(2.) IN all there were originally two petitioners i.e. Mrs. Hansa V. Kapadia and Viren Kapadia. Counsel for the petitioners produced a true copy of the death certificate in respect of petitioner No. 2. It is not disputed that the petitioner No. 2 is dead, hence the proceedings against the petitioner No. 2 who was originally accused No. 4 stands abated.

(3.) THE accused - petitioners appeared before the Magistrate and after the complainant's evidence was over, i.e. of Ravindran Subramanian alone and not of other witnesses, the accused - petitioners applied for discharge contending therein that no case is made out under Section 406 and 409 of the I.P.C. This application came to be rejected by the Metropolitan Magistrate on 2.9.1992 and hence this petition.