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Judgment
M. Nirmal Kumar, J
This Criminal Appeal is filed by A3. There is no representation for A3 today as well as on the previous hearing dates.
The learned Special Public Prosecutor filed a memo confirming the death of P.A.David @ Aruputhamani Jabamani David S/o. Aruputha Mani and it was found that A.J.David died on 13.05.2021 at Rajiv Gandhi Government General Hospital, Chennai, leaving behind his wife Jaculine Vanaja, residing at 11/21, Arunachala Naidu Street, Chindadripet, Chennai and also produced the death certificate. He further submitted that in this case, A.J.David was not only sentenced to imprisonment but was also imposed with a fine of Rs.36,00,000/-.
He relying upon the Judgment of the Hon’ble Supreme Court of India reported in (2020) 3 SCC 45 in the case of Ramesan (Dead) through Legal Representative Girija A Vs. State of Kerala, wherein it was held that when fine amount is imposed, the appeal does not abate automatically on the death of the accused and the legalheirs of the accused are required to be informed as to whether they are to step in and continue the appeal and also to inform about the event of appeal being dismissed. The fine amount may be recovered from the assets of the deceased/accused in the hands of the legalheirs. In view of the said circumstances, summons are to be issued to the legalheirs, viz., wife of the deceased A.J.David.
In view of the above, the Inspector of Police, CBI, ACB, Chennai, is directed to issue summons to Jaculine Vanaja and to any other legalheris of the deceased A.J.David, if any.
Post the case on 11.02.2026.