M.P.Chothy vs Subhash
2021 Latest Caselaw 14049 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
  WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                     CRL.L.P. NO. 114 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1301/2008 OF JUDICIAL FIRST
        CLASS MAGISTRATE COURT-I, PERUMBAVOOR, ERNAKULAM


PETITIONER/DEFACTO COMPLAINANT:

            M.P.CHOTHY,
            AGED 67 YEARS
            MACHERIKKUDY HOUSE, IRINGOLE KARA, PERUMBAVOOR
            VILLAGE, IRINGOLE P.O., PIN - 683 548.

            BY ADV P.P.JACOB



RESPONDENTS/ACCUSED:

    1       SUBHASH
            AGED 35/2008, S/O. KUTTAPPAN, PARAMBI HOUSE, AIMURY
            KARA, KOOVAPPADY VILLAGE.

    2       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA.

            R1 BY ADVS.
                        S.RAJEEV
                        K.K.DHEERENDRAKRISHNAN
                        V.VINAY
                        D.FEROZE
                        K.ANAND (A-1921)

            R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR



     THIS    CRIMINAL     LEAVE    PETITION   HAVING   COME   UP   FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
  CRL.L.P. NO. 114 OF 2021 &
 Crl.M.A. 1/2020
                                   2

                              ORDER

The application for condonation of delay

of 930 days came up for consideration. The

counsel appearing for the 1st respondent

submitted that the appeal will not lie before

this Court in view of the amended provision

of Section 372 Cr.P.C. and victims' appeal

will lie before the Sessions Court. It was

endorsed by the learned counsel for the

petitioner. As such, permission is granted to

withdraw the delay condonation application as

well as the leave application, without

prejudice to the right of parties to prefer an

appeal based on the amended provision of

Section 372 Cr.P.C. The petitioner is

entitled to take up the period in which the

present application was mistakenly prosecuted

before this Court as valid ground for

condoning the delay before the first appellate CRL.L.P. NO. 114 OF 2021 & Crl.M.A. 1/2020

court.

Crl .M.A and Crl.L.P are dismissed as

withdrawn.

Sd/-

P.SOMARAJAN JUDGE SPV CRL.L.P. NO. 114 OF 2021 & Crl.M.A. 1/2020

APPENDIX OF CRL.L.P. 114/2021

PETITIONER'S ANNEXURE

ANNEXURE I COPY OF PHOTO DISPOSSESSING THE APPELLANT.

Annexure II TRUE PHOTOCOPY OF COMPLAINT TO POLICE.

Annexure III TRUE PHOTOCOPY OF C.M.P. NO. 2079/08.

Annexure IV TRUE PHOTOCOPY OF CHARGE DATED 09.09.08.

Annexure V CERTIFIED COPY OF JUDGMENT DT.

31.10.16.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE