Kerala High Court
Johnkutty.M.V vs State Of Kerala, Represented By ... on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
RP NO. 352 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(Crl.) 194/2022 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
JOHNKUTTY.M.V.
AGED 56 YEARS
T.C.25/4243 (1), VIKAS BHAVAN. POST OFFICE,
THIRUVANANTHAPURAM, KERALA., PIN - 695033
BY ADV JOHNKUTTY.M.V.(Party-In-Person)
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY PP, HIGH COURT OF
KERALA.
STATE OF KERALA, REPRESENTED BY HOME SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIATE, STATUE,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
OTHER PRESENT:
ADV. SUDHEER GOPALAKRISHANAN - PP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.No.352 of 2022 2
O R D E R
This is a petition to review the judgment
passed by this Court in W.P.(Crl)No.194/2022 on
25.02.2022. Even though several grounds have
been raised by the petitioner in support of the
Review Petition, on perusal of the same, I am of
the view that, practicably what the petitioner
wants is a re-hearing of the Writ Petition. All
the aforesaid grounds except one are pertaining
to the merits of the findings arrived at by this
Court. The only ground which is to be considered
in this Review Petition is the observations made
in the judgment in paragraph 2 of the judgment,
which reads as follows:
"The prosecution witnesses were also examined
and when the matter came up for examination
of the petitioner under Section 313 of the
Code of Criminal Procedure (Cr.PC), it was
noticed by the learned Magistrate that the
nature of allegations made in the final
report attract the offence under section 332
of the Indian Penal Code."
On perusal of the records, it is seen that, the
offence under Section 332 of the Indian Penal
Code was incorporated by the learned Magistrate
immediately after appearance of the accused.
Later, after the examination of the accused
under Section 313 of the Code of Criminal
Procedure, the learned Magistrate noticed that
the offences for which cognizance was taken are
to be tried by the Chief Judicial Magistrate,
Thiruvananthapuram as the jurisdiction to try
the first class offences was vested with the
said court. Hence, the judgment needs to be
reviewed to correct the above factual mistake.
In such circumstances, the judgment dated
25.02.2022 in W.P.(Crl)No.194/2022 is modified
to that extent. All the other contentions put
forward by the petitioner are relating to the
merits of the case and I do not deem it
appropriate to consider the same in this Review
Petition as the same are not errors apparent on
the face of the records.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
APPENDIX OF RP 352/2022
PETITIONER EXHIBITS
Exhibit-A1 EXHIBIT-A1. THE WEB COPY OF THE CASE
DETAILS, HISTORY OF CASE HEARING OF
CRIMINAL MC. NO. 838/2019, FILED IN
29.01.2019, IN HON. HIGH COURT OF KERALA.
Annexure-A1 ANNEXURE-A1. THE WEB COPY OF THE CASE
DETAILS, HISTORY OF CASE HEARING OF
CRIMINAL MC. NO. 838/2019, FILED IN
29.01.2019, IN HON. HIGH COURT OF KERALA.
Annexure-2 ANNEXURE-A 2 WEB COPY OF THE DAILY STATUS
IN CC 223/2017 OF CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM ,DATED 23.3.2022,
Exhibit-A2 EXHIBIT-A 2 WEB COPY OF THE DAILY STATUS IN
CC 223/2017 OF CHIEF JUDICIAL MAGISTRATE
COURT, THIRUVANANTHAPURAM,DATED 23.3.2022,
