Reji vs State Of Kerala
2022 Latest Caselaw 83 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
          Monday, the 3rd day of January 2022 / 13th Pousha, 1943
       CM.APPL.NO.1/2021 IN CRL.REV.PET NO. 8515 OF 2021(FILING NO.)

  CRA 119/2000 OF ADDITIONAL DISTRICT & SESSIONS COURT FAST TRACK(ADHOC),
                           MAVELIKKARA, ALAPPUZHA

       CC 168/96 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM

REVISION PETITIONER/PETITIONER:

     REJI, AGED 51 YEARS, S/O BABU, OTTATHENGIL KIZHAKKATHIL,
     CHIRAKKADAVAM MURI,
     KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT.

RESPONDENT/RESPONDENT:

     STATE OF KERALA REPRESENTED BY PUBIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM-682 031.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 5111 days in filing the above Crl. Revision Petition.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of Advocates, SRI. SANTHOSH P.PODUVAL, SMT. R.RAJITHA, SRI. R.N.SANDEEP,
SMT. CHITHRA.S.BABU, Advocates for the petitioners, and the State Public
Prosecutor for the respondent, the court passed the following:
                        K.HARIPAL, J.
               ======================
                   Crl.M.A. No.1/2021 in
                   Crl.R.P. No.8515/2021
                       (Filing Number)
                ======================
           Dated this the 3rd day of January, 2022.

                           ORDER

This is an application for condoning the delay of 5111 days

in filing the Criminal Revision Petition. The petitioner has

suffered conviction for the offences punishable under Sections

324 and 326 of the IPC. By judgment dated 26.12.2005, the

appeal preferred against the judgment dated 12.4.2000 in C.C.

No.168/1996 on the file of the Judicial First Class Magistrate

Court, Kayamkulam was dismissed.

2. It is submitted that during the pendency of the appeal

before the Sessions Court, the revision petitioner has gone to

Vijayawada as a cook in a restaurant namely Minerva Grant Crl.M.A.1/2021 in Crl.R.P.No.8515/2021 (Filing Number)

Restaurant, so that he was not aware of the outcome of the appeal

and thereafter, he came to the native place in the first week of

September only, then alone he came to know about the outcome of

the appeal. Then he obtained a copy of the appeal judgment, the

same was received on 18.10.2021. Hence the delay of 5111 days

has occurred in preferring the Crl. Revision Petition. The delay is

not purposeful.

3. The application is opposed by the Public Prosecutor.

4. I have heard the learned counsel for the petitioner and

also the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the

petitioner is in custody from 13.9.2021 onwards. According to the

learned counsel, there are serious legal aspects to be raised in the

revision. Even though the reason stated for the delay are not quite

convincing, considering certain legal aspects proposed to be

highlighted, I think the matter requires to be considered on merits;

in the circumstances, the delay shall stand condoned, if the Crl.M.A.1/2021 in Crl.R.P.No.8515/2021 (Filing Number)

petitioner deposits an amount of Rs.1,500/- (Rupees One Thousand

Five hundred only) as cost within a period of seven days to the

credit of the Member Secretary, KeLSA. Immediately on

remitting the amount, the Crl.R.P. shall be entertained and posted

for admission.

Sd/-

         al/-                                         K.HARIPAL, JUDGE




03-01-2022                       /True Copy/                         Assistant Registrar