Beena Jobi vs Station House Officer

Kerala High Court

Beena Jobi vs Station House Officer on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                   CRL.MC NO. 2874 OF 2024
                       CRIME NO.0/0 OF ,
   AGAINST THE ORDER/JUDGMENT DATED IN ST NO.2 OF 2015 OF
   JUDICIAL MAGISTRATE OF FIRST CLASS -III, KANJIRAPPALLY
PETITIONER/ACCUSED :

          BEENA JOBI, AGED 46 YEARS
          W/O JOBI, TOWN WARD MEMBER GRAMA PANCHAYATH
          OFFICE, KANJIRAPPALLY, RESIDING AT
          KELIYAMPARAMBIL,
          KANJIRAPPALLY, KOTTAYAM DISTRICT - 686 507.
          BY ADVS.
          K.SEENA
          P.RAVINDRA BABU


RESPONDENTS:

    1     STATION HOUSE OFFICER
          KANJIRAPPALLY POLICE STATION,
          P.O.KOTTAYAM-, PIN - 686 507.

    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.

          SRI.RENJITH T.R., PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2874 of 2024
                                                   2


                               BECHU KURIAN THOMAS, J
                          ......................................................
                                   Crl.M.C.No.2874 of 2024
                           ...................................................
                          Dated this the 21st day of May, 2024


                                               ORDER

Due to a mistake in the judgment in S.T.No.2/2015 on the files of the Judicial First Class Magistrate Court-III, Kanjirappally, the petitioner could not prefer an appeal. In the meantime, since the execution warrant had been issued, she approached this Court and in exercise of the powers under Section 482 of Cr.P.C., this Court directed the sentence to be suspended. The learned counsel for the petitioner submitted that in the meantime, the corrected judgment has been obtained and an appeal has also been preferred, which is pending consideration.

2. The learned Public Prosecutor, upon instructions, submitted that the execution warrant has been recalled.

3. Since an appeal has already been preferred by the petitioner before the appellate court, reserving the liberty of the petitioner to pursue the said appeal, in accordance with law, this Crl.M.C.is closed.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/21/05/2024