Shaji @ Kakkachi Shaji vs State Of Kerala
2024 Latest Caselaw 10932 Ker

Kerala High Court

Shaji @ Kakkachi Shaji vs State Of Kerala on 12 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                   CRL.REV.PET NO. 176 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 24.11.2017 IN CRA NO.409 OF 2014
           OF ADDITIONAL SESSIONS COURT - III, MANJERI
 AGAINST THE ORDER/JUDGMENT DATED 29.11.2014 IN CC NO.696 OF 2011
     OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA
REVISION PETITIONER/APPELLANT/ACCUSED:

          SHAJI @ KAKKACHI SHAJI,
          AGED 37 YEARS
          S/O.UMMAR, KUNHALATH HOUSE, OTTUMMAL, THANUR,
          BEACH ROAD, MALAPPURAM DISTRICT,NOW LODGED IN CENTRAL
          PRISON AND CORRECTIONAL HOME, CONVICT NO.333/21,
          KANNUR DISTRICT - 670 004.
          BY ADV T.U.SUJITH KUMAR


RESPONDENT/RESPONDENT/STATE & COMPLAINANT:

          STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682 031, REPRESENTING THE STATION
          HOUSE OFFICER, PERINTHALMANNA POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 679 325.
          PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R.
     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 176 OF 2022

                                   2


                                 ORDER

The revision petitioner passed away. None of the

legal heirs are interested in joining and continuing

the revision petition. It is against the concurrent

judgment of conviction in a prosecution under Section

457 and 380 IPC. The sentence awarded includes fine

amount of Rs.1000/- each for the offence under

Sections 457 and 380 IPC. The learned counsel for

the revision petitioner fairly submitted that there

is no necessity to implead the legal heirs as they

are willing to pay the fine amount out of the assets

left out by the deceased. The substantive sentence

ordered will stand abated on death of the revision

petitioner.

Hence, the Criminal Revision Petition will stand

dismissed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp