George Joseph vs Rajeev

Citation : 2022 Latest Caselaw 5713 Ker
Judgement Date : 27 May, 2022

Kerala High Court
George Joseph vs Rajeev on 27 May, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
           Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
                        CRL.REV.PET NO. 380 OF 2022

          CRA 138/2020 OF ADDITIONAL SESSIONS COURT - III, ALAPPUZHA

  CC 1453/2012 OF COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA

REVISION PETITIONERS/ RESPONDENTS 1&2/ACCUSED 1&2:

  1. GEORGE JOSEPH, AGED 50 YEARS , SON OF ANTONY, KARIPPASSERIYIL HOUSE,
     WARD NO.10, ARYAD PANCHAYAT, PIN - 688006
  2. ANTONY , AGED 76 YEARS, SON OF PAPPU ,KARIPPASSERIYIL HOUSE, WARD
     NO.10, ARYAD PANCHAYAT, PIN - 688006

RESPONDENTS/APPELLANT AND RESPONDENT NO.3/DEFACTO COMPLAINANT AND COMPLAINANT:

  1. RAJEEV , AGED 37 YEARS, SON OF RAJARATINAM, PADINJAREVELI VEEDU,
     WARD NO. 10, ARYAD PANCHAYATH, ALAPPUZHA,PIN - 688006
  2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031

     This Criminal revision petition coming on for orders upon perusing
the petition and upon hearing the arguments of Sanal Kumar, Bhavana
Velayudhan and T.J.Seema advocates for the petitioners, and of public
prosecutor for the second respondent , the court passed the following:
                              Dr. Kauser Edappagath, J
                      -------------------------------
                                 Crl.R.P.No. 380/2022
                       -------------------------------
                         Dated this the 27th day of May, 2022
                      --------------------------------

                                             ORDER

This revision petition has been filed challenging the judgment of the Additional Sessions Court-III, Alappuzha in Crl.A.No.138/2020. As per the judgment, the petitioners herein who are the accused Nos. 1 and 2 were convicted. It is submitted that now the matter has been posted to 30.5.2022 for hearing on sentence. The petitioners are directed to appear at the court below.

2. What is challenged before me is only the judgment of conviction. This Court entertains doubt as to whether the revision itself is maintainable, before the sentence is passed. The learned counsel seeks time to argue on that point. In these circumstances, the appearance of the petitioners at the court below is dispensed with for a week.

Post on 1.6.2022.

Hand over sd/-

DR. KAUSER EDAPPAGATH JUDGE kp 27-05-2022 /True Copy/ Assistant Registrar