Majeed K.C vs State Of Kerala
2023 Latest Caselaw 2375 Ker

Crl.Rev.Pet No.111/2023                             1/1

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
             Friday, the 10th day of February 2023 / 21st Magha, 1944
                 CRL.M.A.NO.1/2023 IN CRL.REV.PET NO. 111 OF 2023
        CRA 104/2016 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, THALASSERY.
          CC 998/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR.
   PETITIONERS/REVISION PETITIONERS:

       1. MAJEED K.C, AGED 35 YEARS, S/O YOUSAF, KANDACHILAKATH HOUSE, VAYAD,
          PARIYARAM AMSOM, THALIPARAMBA TALUK, KANNUR DT - 670141.
       2. NOUSHAD K.C, AGED 32 YEARS, S/O MAHAMOOD, KANDACHILAKATH HOUSE,
          VAYAD, PARIYARAM AMSOM, THALIPARAMBA TALUK, KANNUR DT - 670141.

   RESPONDENTS/RESPONDENTS:

       1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM - 682031.
       2. MAMMOONJI .V, AGED 60 YEARS, S/O ABDUL RAHIMAN, VALIYAKATH HOUSE,
          VAYAD, THIRUVATTOOR P.O, PARIYARAM VILLAGE, THALIPARAMBA TALUK,
          KANNUR DT - 629177.

        Application praying that in the circumstances stated therein the
   High Court be pleased to suspend the execution of sentence awarded by the
   Judicial First Class Magistrate Court, Payyannur in CC. No. 998 of 2011
   which was confirmed by the judgment in Crl.A.No.104 of 2016 of the Addl.
   Sessions Court-II, Thalassery, in the interest of justice.
        This application coming on for orders upon perusing the application,
   and upon hearing the arguments of M/S. M.MUHAMMED SHAFI, T.RASINI & AYISHA
   AFRIN A.V.K., Advocates for the petitioners and of PUBLIC PROSECUTOR for
   the first respondent, the Court passed the following:

                                               ORDER

Admit

Learned Public Prosecutor takes notice for the 1st respondent. Issue notice to the 2nd respondent.

In the meantime, sentence of imprisonment imposed upon the accesed in C.C. No.998/2011 on the files of the Judicial First Class Magistrate Court, Payyannur as confirmed in Crl. Appeal No.104/2016 of the Additional Sessions Court-II, Thalasery shall stand suspended, on condition that the petitioners deposit the entire fine amount if not already deposited within 4 weeks.

Sd/- BECHU KURIAN THOMAS, JUDGE

10-02-2023 /True Copy/ Assistant Registrar