G. Sivaram Chetty vs Srinivasa Odavar

K.N. Mudaliyar, J.—From the facts submitted by Mr. Nataraian. learned Counsel for the appellant. G. Sivaram Chetty. the appellant herein

died even prior to the framing of the charge by the trial Magistrate. But the trial Magistrate chose to permit his representative to prosecute the

proceeding against the accused-respondent, with the result that ultimately the proceedings culminated in conviction before the trial Magistrate. The

convicted accused went up in appeal. In the appeal, the accused was acquitted. Against the order of the appellate Judge acquitting the accused-

respondent of the offences with which he was charged, the present appeal is directed by the legal representatives of G. Sivaram Chetty who had

originally figured as the complainant. u/s 417 of the Criminal Procedure Code. I am unable to find any support for the representation of the

deceased complainant by his legal representatives for prosecuting the appeal against acquittal. In my opinion the criminal appeal is incompetent in

view of the terms of Section 417 Crl. P. C. Hence the criminal appeal is dismissed.