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2026 Supreme(Online)(Ker) 7145

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SACHITHRA SELVARAJ – Appellant
Versus
V.P. NELSON – Respondent
CRL.MC NO. 5952 OF 2024 | Crl.A NO.317 OF 2023



Advocates:
For the Appellants/Petitioners: A.S. SASIDHARAN
For the Respondents: PUBLIC PROSECUTOR

A Criminal Miscellaneous Case becomes infructuous when the primary appeal has been resolved.

Headnote:The petitioner challenged the order of the Court of Sessions, Ernakulam, suspending the execution of their sentence. The Court noted the communication that the underlying Criminal Appeal was disposed of, indicating that the matter had become moot. Consequently, the Criminal Miscellaneous Case was rendered infructuous and dismissed.

Result: Crl.M.C is dismissed as infructuous.

Table of Content
1. the case is rendered moot due to resolution of underlying appeal. (Para 2 , 3)
2. court concludes the case is dismissed as infructuous. (Para 4)

ORDER

The Criminal Miscellaneous Case is filed assailing Annexure A2 order passed by the Court of Sessions, Ernakulam, in Criminal Appeal No. 317/2023, suspending the execution of the sentence subject to the condition that the petitioner deposits a sum of Rs. 34,500/- before the Trial Court within two months from 21.08.2023.

2. When the Crl.M.C came up for consideration on 14.01.2026, this Court had called for a report from the Court of Sessions to ascertain the status of the criminal appeal.

3. By communication dated 16.01.2026, the Additional Sessions Judge – VIII, Ernakulam, has informed this Court that the Criminal Appeal No.317/2023 was disposed of on 20.02.2025.

4. In light of the above communication, I find that the Crl. M.C. has outlived its purpose.

Hence, the Crl.M.C is dismissed as infructuous.

Sd/-

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