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2026 Supreme(Online)(Ker) 34896

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:41062


CRL.A NO. 189 OF 2008


AGAINST THE JUDGMENT DATED 01.12.2007 IN SC NO.664 OF 2006 OF ADDITIONAL SESSIONS COURT FAST TRACK (ADHOC)-II, KOZHIKODE



APPELLANT/ACCUSED:


MANI


AGED 37 YEARS


S/O.KORAN, CHERUVULAKKANDY HOUSE, CHEMANCHERRY


AMSOM AND THIRUVAKKOD DESOM, KOYILANDY TALUK.



RESPONDENT/COMPLAINANT:


STATE OF KERALA


REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT


OF KERALA, ERNAKULAM.


BY PUBLIC PROSECUTOR ADV.VIPIN NARAYAN A.


THE HONOURABLE MR. JUSTICE A. BADHARUDEEN


WEDNESDAY, THE 10TH DAY OF JUNE 2026 / 20TH JYAISHTA, 1948

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10th day of June, 2026

This appeal has been filed by the appellant under Section 8 of the Abkari Act, challenging the judgment of conviction dated 01.12.2017 in SC No.664 of 2006 on the files of the Additional Sessions Court, Fast Track (Adhoc-II), Kozhikode. The appellant herein is the accused in the above case.

2. In this matter, the learned counsel for the appellant would submit that the appellant is no more. He also submitted that the legal heirs of the appellant not intended to proceed with this appeal.

3. Since the legal heirs of the appellant did not turn up to prosecute the matter, the appeal could not be proceeded with. Therefore, the conviction, as against the appellant, stands abated and the sentence of fine shall remain.

The appeal is accordingly dismissed, with liberty to the prosecution to realise the fine by proceeding against the property left by the appellant, if any. If the legal heirs of the appellant are aggrieved in the matter of realisation of fine, they are at liberty to approach this Court to address their grievances, in accordance with law.

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