Kerala High Court
Mohanan @ Kochumon vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 27th day of June 2023 / 6th Ashadha, 1945
CRL.M.APPL.NO.2/2023 IN CRL.REV.PET NO. 680 OF 2023
CC 436/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,THIRUVALLA, PATHANAMTHITTA
CRA 39/2016 OF ADDITIONAL SESSIONS COURT -II, PATHANAMTHITTA
PETITIONERS/REVISION PETITIONER/APPELLANT:
1. MOHANAN @ KOCHUMON AGED 59 YEARS S/O KUNJUKUTTY, MYLADUMPARA HOUSE,
MEENTHALAKKARA MURI, KUTTAPUZHA VILLAGE, PATHANAMTHITTA,, PIN -
689103
2. OMANA AGED 73 YEARS W/O KUNJUKUTTY, MYLADUMPARA HOUSE,
MEENTHALAKKARA MURI, KUTTAPUZHA VILLAGE, PATHANAMTHITTA., PIN -
689103
RESPONDENTS/RESPONDENTS/RESPONDENTS:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 825 days in filing this Criminal Revision Petition, in the interest of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M.R.SASITH, R.K.CHIRUTHA, NEELANJANA NAIR, ANJANA SURESH.E, BHAVANA
K.K, ANJANA L. SURENDRAN, REETHU JACOB, Advocates for the petitioners, and
of the public prosecutor for the respondent, the court passed the
following:
BECHU KURIAN THOMAS, J
...........................................
Crl.M.A.No.2 of 2023
&
Crl.Rev.Pet.No.680 of 2023
.....................................
Dated this the 27th day of June, 2023
ORDER
This is an application to condone the delay of 825 days in
filing the criminal revision petition.
2. This revision petition is preferred against an order of
conviction and sentence for the offences punishable under
Sections 324 r/w Section 34 of the Indian Penal Code, 1860.
Revision petitioners are the son and mother, the latter of
whom is aged 73 years.
3. It was submitted that the Sessions Court had dismissed the
appeal on 29.09.2018, but the revision petitioners were
unaware of the dismissal and that due to their ignorance,
they could not contact the counsel. Since they had awaited
information from the counsel, and when after several years
there was no information, petitioners contacted their counsel,
who by mistake informed them that the case was still
pending. It was only much later, in the year 2023, that
petitioners became aware that their appeal was dismissed on
Crl.M.A.No.2 of 2023
&
Crl.Rev.Pet.No.680 of 2023
29.09.2018. Immediately steps were taken to file this
revision, in the meantime, a delay of 825 days occurred.
4. The learned counsel for the revision petitioners submitted that
petitioners have already been arrested in execution of the
sentence of imprisonment.
5. The learned Public Prosecutor, vehemently opposed the
application for condonation of delay and submitted that the
delay of 825 days have not been properly explained.
6. I have considered the rival contentions.
7. Petitioners are aged persons, of which the 2 nd petitioner is 73
years. They have already been arrested in execution of the
judgment convicting them for the offences punishable under
Sections 324 r/w Section 34 of IPC
8. Considering the aforesaid circumstances and the explanation
offered by the revision petitioners, I am of the view that
sufficient cause has been shown to condone the delay.
Therefore, the delay of 825 days in filing the revision petition
shall stand condoned, on condition that petitioners pay
Crl.M.A.No.2 of 2023
&
Crl.Rev.Pet.No.680 of 2023
Rs.1,000/- [Rupees One thousand only] as cost to the Kerala
Legal Services Authority, Ernakulam; within 24 hours.
The Criminal Miscellaneous application is allowed as above.
Crl.Rev.Pet.No.680/2023
Post this matter for admission on 30.06.2023.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/27/06/2023
27-06-2023 /True Copy/ Assistant Registrar
