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Shareefa Beevi vs S.Sreekumar
2021 Latest Caselaw 10574 Ker

Citation : 2021 Latest Caselaw 10574 Ker
Judgement Date : 29 March, 2021

Kerala High Court
Shareefa Beevi vs S.Sreekumar on 29 March, 2021
Crl.Rev.Pet 226/2021                                        1/5
                               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                          Present:

                                     THE HONOURABLE MR.JUSTICE V.G.ARUN

                                   Monday,the 29th day of March 2021/8th Chaithra, 1943

                                                 Crl.Rev.Pet No.226/2021


CRA No.110/2015 of Principal Sessions Court, Kollam

             For information purpose only
ST No.1973/2010 of Judicial First Class Magistrate Court -I, Punalur
REVISION PETITIONER/APPELLANT/COMPLAINANT:-
      SHAREEFA BEEVI, AGED 62,
      D/O. SALMA BEEVI, THADATHUVILA VEEDU, KOTTAVASAL, ARIYANKAVU VILLAGE,
      PATHANAPURAM, KOLLAM DISTRICT.


RESPONDENTS:/RESPONDENTS/ACCUSED & STATE:
1.S.SREEKUMAR
   S/O. KUTTAPPA PANICKER, FOREST RANGE OFFICE,
   ARYANKAVU VILLAGE, ARYANKAVU P.O, PATHANAPURAM,
   KOLLAM DISTRICT-691309.

2.RAJANKUTTY,
   S/O UNNOONNI CHACKO, FOREST RANGE OFFICER,
   ARYANKAVU VILLAGE, ARYANKAVU P.O, PATHANAPURAM,
   KOLLAM DISTRICT-691309.
3.STATE OF KERALA
   REPRESENTED BY THE PUBLIC PROSECUTOR,
   HIGH COURT OF KERALA, ERNAKULAM-682031.
       This Criminal Revision Petition coming on for admission upon perusing the application and upon hearing the

arguments of M/S K.C.SANTHOSHKUMAR, ANUPAMA JOHNY, K.K.CP.T.O HANDRALEKHA, K.S.SUDHA and

P.MAYA, Advocates for the petitioner and the PUBLIC PROSECUTOR for the 3rd respondent, the court passed the

following:


                                                         ORDER

Post on17/5/2021.

In the mean while, the recovery proceedings pursuant to the order in M.C.No.15/2015 of JFMC-I, Punalur shall

be kept in abeyance.

Sd/-

29/03/2021
                                                             V.G.ARUN, JUDGE



                           /TRUE COPY/



                                                ASSIATANT REGISTRAR
 Crl.Rev.Pet 226/2021       2/5




                                   P.T.O




             For information purpose only
                    V.G.ARUN, J.
           ===================
             Crl.R.P.No.226 of 2021
          ====================

Dated this the 29th day of March, 2021 For information purpose only ORDER

The revision petitioner was the complainant in

S.T.C.No.1973 of 2020 of the Judicial Magistrate of

the First Class-I, Punalur. As per judgment dated

25.4.2015, the learned Magistrate acquitted the

accused therein under Section 255(1) Cr.P.C.

Thereafter, finding that the complaint was filed raising

false and frivolous allegations, M.C.No.15 of 2015 was

registered against the revision petitioner under

Section 250(2) Cr.P.C. The M.C was decided as per

order dated 4.5.2015 directing the revision petitioner

to pay compensation of Rs.10,000/- each to the

accused in S.T.No.1973 of 2010. Thereupon, the

revision petitioner challenged the order in M.C by Crl.R.P.226/21

filing Crl.A.No.110 of 2015 before the Sessions Court,

Kollam. The said appeal filed under Section 250(6)

Cr.P.C was decided by judgment dated 15.12.2020,

For information purpose only upholding the findings in the impugned order and

reducing the compensation to Rs.5,000/- each. This

revision petition is filed against the order in

M.C.No.15 of 2015 as modified by the judgment in

Crl.A.No.110 of 2015. On perusal of the judgments

produced in the Crl. Revisoin Petition, it was noticed

that, instead of the order in the M.C, the judgment in

S.T.C.No.1973 of 2010 has been produced. On being

asked about the reason, learned counsel for the

revision petitioner submitted that the cause title of

the judgment in Crl.A.No.110 of 2015 shows that the

decision has been rendered in the appeal filed against

the judgment in S.T.C.No.1973 of 2010. The order in

M.C.No.15 of 2015 was later produced as an

additional document. On verification of the appellate Crl.R.P.226/21

judgment, it is seen that no mention is made about

the order in M.C.No.15 of 2015 and the judgment has

been rendered, as if it is the decision rendered in the

For information purpose only appeal filed against the judgment in S.T.C.No.1973 of

2010.

The Registry is directed to obtain a clarification

regarding the above aspect from the Principal

Sessions Judge, Kollam.

Sd/-

V.G.ARUN JUDGE

NB/29.03.2021

/true copy/ Sd/- ASSISTANT REGISTRAR

 
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