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2025 Supreme(Online)(Ker) 49960

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
R. ASHOK KUMAR – Appellant
Versus
THE CENTRAL BUREAU OF INVESTIGATION – Respondent
CRL.A NO. 1526 OF 2018|CRL.A NO. 1529 OF 2018|CRL.A NO. 1531 OF 2018|CRL.A NO. 1532 OF 2018|CRL.A NO. 1534 OF 2018



Advocates:
For the Appellants/Petitioners: SHRI.THOMAS ABRAHAM, SRI.ASWIN.P.JOHN
For the Respondents: SHRI.P.VIJAYAKUMAR, SHRI.SREELAL N.WARRIER

Appeals are rendered abated upon the death of the appellant if legal heirs show no interest, allowing prosecution to pursue asset recovery.

Headnote:The judgment addresses appeals against convictions rendered by the Special Judge in various cases under criminal law. The appellant's counsel indicated that the appellant had passed away and the legal heirs are uninterested in pursuing the cases. The court accepted this and dismissed the appeals as abated. The ruling affords the prosecution the ability to pursue the assets of the deceased for fine collection, while granting the appellant’s legal heirs recourse to pursue recovery options in the future. The ruling underscores the procedural consequences of a party's death during appeal.

Table of Content
1. multiple appeals against convictions were filed by the same appellant. (Para 1 , 2 , 3 , 4 , 5)
2. legal heirs of the appellant expressed disinterest in the case. (Para 6)
3. the appeals were dismissed as abated due to appellant's death, allowing asset recovery. (Para 7 , 8)

COMMON JUDGMENT

Dated this the 5th day of November, 2025 Crl.Appeal No.1526 of 2018 has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 , by the accused in C.C. No.4/2018 on the files of the Court of the Special Judge (SPE/CBI)-II, Ernakulam, challenging the conviction and sentence imposed by the learned Special Judge against him, as per the judgment dated 27.10.2018.

2. The same appellant has filed Crl.Appeal No.1529/2018, challenging the conviction and sentence imposed by the learned Special Judge against him, as per the judgment dated 27.10.2018 in C.C. No.12/2007.

3. Crl.Appeal No.1531/2018 has been filed challenging the conviction and sentence imposed by the learned Special Judge as per the judgment dated 27.10.2018 in C.C. No.2/2018.

4. Crl.Appeal No.1532/2018 has been filed challenging the conviction and sentence imposed by the learned Special Judge as per the judgment dated 27.10.2018 in C.C. No.3/2008.

5. Crl.Appeal No.1534/2018 has been filed challenging the conviction and sentence imposed by the learned Special Judge as per the judgment dated 27.10.2018 in C.C. No.3/2018. The Central Bureau of Investigation represented by the learned Special Public Prosecutor is arrayed as the sole respondent in these appeals.

6. In these matter, the learned counsel for the appellant would submit that, the appellant/accused is no more. According to him, the legal heirs of the accused are not interested to proceed with these matters and therefore, these appeals may be closed.

7. The learned Special Public Prosecutor also conceded the submissions made by the learned counsel for the appellant/accused. He has placed copy of death certificate of the accused showing that has died on 29.06.2019. The same is appended in Crl.Appeal No.1531/2018.

8. Since, it is submitted that, the legal heirs of the appellant/accused are not interested to proceed with these matters, these appeals stand dismissed as abated, with liberty to the prosecution to proceed against the assets left by the accused to realize fine imposed by the learned Special Judge.

It is made clear that, the legal heirs of the appellant/accused, who inherited the properties of the appellant, are aggrieved in the matter of realization of fine, they are at liberty to approach this Court by moving appropriate proceedings, as per law.

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