Sibi Mathew vs M.C.Rajan
2024 Latest Caselaw 9710 Ker

Kerala High Court

Sibi Mathew vs M.C.Rajan on 4 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         Thursday, the 4th day of April 2024 / 15th Chaithra, 1946

                CRL. M.A.NO.1/2024 IN CRL.A NO. 258 OF 2007

        CRL.APPEAL. 976/2004 OF ADDL. SESSIONS JUDGE (ADHOC-II), ERNAKULAM.



PETITIONER/RESPONDENT/ACCUSED:


     M.C.RAJAN, PROPRIETOR, M/S.RAJU & ASSOCIATES,POONTHOTTATHIL HOUSE,
     CHOTTANIKKARA,KERALA-682 312.


RESPONDENT/APPELLANT/COMPLAINANT:


  1. SIBI MATHEW, JOSEPH VILLA, AZAD ROAD, THRIPUNITHURA, ERNAKULAM NOW
     RESIDING AT PULPARA HOUSE, MAJOOR P.O., KOTTAYAM.
  2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, HIGH COURT ROAD, ERNAKULAM-382 031.


     Application praying that in the circumstances stated therewith the
High Court be pleased to recall the judgment dated 11-10-2023 in Crl.A.
258/2007 in order to rehear the appeal and correct the mistake which has
crept in.




     This Application coming on for orders upon perusing the application
and this Court's judgemnt dated 11.10.2023 and upon upon hearing the
arguments of SRI. GEO PAUL, Advocate for petitioner in Crl.M.A/R1 in
Crl.Appeal and of SRI.S.SREEKUMAR, Senior Advocate for R1 in Crl.M.A/
appellant in Crl.Appeal and of PUBLIC PROSECUTOR Advocates for the R2 in
Crl.M.A/Crl.Appeal, the court passed the following:
                  P. SOMARAJAN, J.
- - - - - - - - - - - - - - - - - - - - - - -
               Crl.A.No.258 of 2007
 - - - - - - - - - - - - - - - - - - - - - - -
      Dated this the 04th day of April, 2024

                           ORDER

It is an application for recalling the earlier

judgment rendered by this Court on the ground that

there was a factual error when the case was taken

up for a final hearing. There were two cases

connected to each other. There is overlap in some

of the facts between the two cases, and that has

resulted in miscarriage of justice. It is a factual

error kept in the judgment. Necessarily, the bar

under Section 362 Cr.P.C will not come into play

when the judgment is rendered on a different factual

scenario rather than the one involved in the case

in hand. For the ends of justice, it is necessary

to recall the judgment earlier rendered so as to

afford an opportunity to the parties to take up the

issue properly. It was submitted, across the bar,

that the factual error committed was not

intentional. Both the counsel went wrong in

bringing the same to the notice of this Court at

the time when the matter was finally taken up for

hearing. Hence, the earlier judgment will stand

recalled. Crl.M.A.No. 1/2024 will stand allowed

accordingly.

Post the appeal on 31.05.2024 for final

hearing.

Sd/-

P. SOMARAJAN JUDGE SPV

04-04-2024 /True Copy/ Assistant Registrar