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2026 Supreme(Online)(Ker) 14856

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
JUSTIN RAJ – Appellant
Versus
THE INSPECTOR OF POLICE CBI – Respondent
CRL.A NO. 231 OF 2017



Advocates:
For the Appellants/Petitioners: SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.), SRI.V.S.THOSHIN
For the Respondents: SHRI.SREELAL N.WARRIER - SPL.PUBLIC PROSECUTOR, CENTRAL BUREAU OF INVESTIGATION (CBI)

Appeal dismissed as abated due to appellant's death and lack of interest from legal heirs.

Headnote:This appeal was filed under Section 374(1) of the Code of Criminal Procedure, 1973, challenging a conviction and sentence by a Special Judge. The appellant, represented by counsel, is deceased, and the legal heirs are unwilling to continue proceedings. The court dismissed the appeal as abated, allowing the prosecution to pursue the fine against the appellant's assets. The legal heirs have liberty to approach the court regarding the realization of the fine. The verdict confirms the dismissal of appeal due to lack of interest from the appellant's heirs.

Table of Content
1. appellant's death leads to dismissal of appeal. (Para 1 , 2 , 3)
2. court permits prosecution to pursue fine against assets. (Para 4)

JUDGMENT

Dated this the 27th day of February, 2026 The 4th accused in C.C. No.38/2011 on the Special Court (SPE/CBI), Thiruvananthapuram, has filed this appeal under Section 374 (1) of the Code of Criminal Procedure , 1973, challenging the conviction and sentence imposed upon him by the learned Special Judge, as per the judgment dated 09.03.2017.

2. The learned counsel for the appellant would submit that, the appellant/4th accused is no more. According to him, the legal heirs of the appellant/4th accused are not interested to proceed with the matter and therefore, this appeal may be closed.

3. The learned Public Prosecutor submitted that the appellant/4th accused is no more and she has placed copy of death certificate. The same is appended in the case bundle.

4. Since the legal heirs of the accused are not interested to proceed with this appeal, involving imposition of fine of Rs.1,50,000/- also, this appeal stands dismissed as abated, with liberty to the prosecution to proceed against the assets left by the 4th accused to realize Rs.1,50,000/-.

It is made clear that, the legal heirs of the appellant/4th 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.

Sd/-

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