Kerala High Court
B. Najeeb vs State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
CRL.REV.PET NO. 327 OF 2023
CRA 43/2010 OF THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT - II, ALAPPUZHA
CC 144/2009 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:
B. NAJEEB, AGED 45, S/O. S.B. BASHEER, AMBAZHAYIL HOUSE, (ANJU
MANZIL), ALIZERRY WARD, ALAPPUZHA DISTRICT - 686001.
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2. G. MANOHARAN, AGED 67 YEARS, S/O. GOPALAN, HAMEEBIYE, NEAR KOMALA
HOTEL, ZILLA COURT WARD, ALAPPUZHA DISTRICT - 688002.
This Criminal revision petition coming on for admission, upon
perusing this petition and upon hearing the arguments of M/S.GEORGE
MATHEW, M.D.SASIKUMARAN, SUNIL KUMAR A.G, MATHEW K.T. GEORGE K.V & STEPHY
K REGI, Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
first respondent, and of Adv. SRUTHYMON P.R. for the second respondent,
the Court passed the following:
P.T.O.
A.BADHARUDEEN, J.
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Crl.Rev.Pet No. 327 of 2023
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Dated this the 31st day of March, 2023
ORDER
This revision petition has been filed challenging the conviction
sentence imposed by the Chief Judicial Magistrate's Court,
Alappuzha in C.C.No. 144 of 2009, dated 30.11.2009 and the
judgment in Crl.Appl.No. 43/2010 on the files of the Additional
Sessions Judge, Court (Fast Track Court-1), Alappuzha, dated
21.07.2011.
2. This Court passed order in Crl.MA No. 1/2023, on 30.03.2023
as under:
"This is an application seeking to condone the delay of
4179 days in filing the revision petition.
Learned counsel on either side submits that the dispute
has been resolved and the amount due to the 2 nd respondent
paid. Therefore, in spite of there being inordinate delay of 4179
days, the same is condoned. Post for admission, tomorrow. "
3. Today, it is submitted by the learned counsel for the 2 nd
respondent that entire fine amount imposed by the trial court and
Crl.R.P.No. 327 of 2023
..2..
confirmed by the Appellate Court was paid and the complainant has
no grievance.
4. At this juncture, it is submitted by the learned counsel for the
revision petitioner that, the revision may be disposed confining
sentence already undergone by the petitioner with effect from
22.03.2023 to 31.03.2023.
5. Since, the amount has been paid and the accused undergone
imprisonment from 22.03.2023 to 31.03.2023, I am inclined to modify
the sentence in the interest of justice. Accordingly sentence in this
matter stands modified for the period, the revision petitioner
undergone sentence from 22.03.2023 to 31.03.2023 and recording the
payment of the fine acknowledged by the 2nd respondent.
Since, the sentence as such seen executed, the Jail
Superintendent concerned, is directed to release the petitioner
immediately on receipt of copy of this order, if his presence in custody
in connection with any other case is not required.
Sd/-
A.BADHARUDEEN, JUDGE
mtk
31-03-2023 /True Copy/ Assistant Registrar
