Pazhani vs Stateof Kerala on 5 April, 2005
717) = 2013 (4) KLT SN 135 case No.144). However, we do not
approve the view taken in paragraph 12 of the judgment in
Raveendran v. State of Kerala (2014 (4) KLT 382) that the appeal
is liable to be dismissed as abated in case the near relatives do not
come forward to challenge the sentence of fine. At the same time,
we do not approve the view that the appellate Court is bound to
dispose of the appeal on the merits, even after the death of the
appellant and even if no near relative applies to the appellate Court
to come on record to challenge the sentence of fine. Such a
disposal on the merits without the affected party being heard is not
contemplated under the Code of Criminal Procedure. Moreover,
hearing of an unwanted Criminal Appeal would amount sheer waste
of judicial time.