- (1.) Leave granted.
(2.) Charge-sheet was filed against the main accused who was a public-servant under the provisions of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") and also against the respondents - accused who are non public-servants under the provisions of Section 109 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). All the accused were discharged by the learned trial Court i.e. the court of Special Judge cum Chief Judicial Magistrate, Salem. Aggrieved, a criminal revision petition was filed before the High Court. In the meantime, the main accused died. The High court dismissed the revision petition on the ground that the death of the main accused has resulted in abatement of the trial and, therefore, nothing remained for consideration. Aggrieved, the present appeals have been filed.
(3.) Reliance has been placed by the learned counsel for the appellant on the view expressed by this Court in paragraph 541 in the case of State of Karnataka v. Selvi J. Jayalalitha and Ors., 2017(1) R.C.R.(Criminal) 802 : 2017(2) Recent Apex Judgments (R.A.J.) 1 : 2017(2) SCALE 375 to contend that the High Court was wrong in taking the aforesaid view. Having perused the views expressed by this Court in Selvi J. Jayalalitha and Ors.(supra) we are inclined to agree with the submission advanced on behalf of the appellant.;