E.C.Mohammed vs Kunhayisha
2024 Latest Caselaw 32323 Ker

Kerala High Court

E.C.Mohammed vs Kunhayisha on 8 November, 2024

                                    1
Crl. Rev.Pet. No.2411 of 2013


                                                      2024:KER:83276


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                       CRL.REV.PET NO. 2411 OF 2013

         AGAINST THE JUDGMENT DATED 23.08.2013 IN CRA NO.310 OF

2012 BEFORE THE COURT OF SESSION, KOZHIKODE DIVISION ARISING OUT

OF THE ORDER DATED 27.04.2012 IN MC NO.22 OF 2011 OF JUDICIAL

MAGISTRATE OF THE FIRST CLASS, PAYYOLI


REVISION PETITIONERS/RESPONDENTS/RESPONDENTS:

     1       E.C.MOHAMMED
             AGED 59 YEARS
             S/O.ABDULLA, KOROTH HOUSE,
             NELLIYERI MANIKKOTH,
             MELADI AMSOM DESOM,
             KOYILANDY TALUK,
             KOZHIKODE DISTRICT -673 001

     2       NABEESA
             AGED 49 YEARS
             W/O.E.C.MAMMED,
             KOROTH HOUSE, NELLIYERI MANIKKOTH,
             MELADI AMSOM DESOM, KOYILANDY TALUK,
             KOZHIKODE DISTRICT -673 001


     3       SHIHAB
             AGED 27 YEARS
             S/O.E.C.MAMMED, KOROTH HOUSE, NELLIYERI MANIKKOTH,
             MELADI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE
             DISTRICT -673 001


             BY ADV SRI.NIRMAL. S
                                   2
Crl. Rev.Pet. No.2411 of 2013


                                                 2024:KER:83276



RESPONDENT/APPELLATN/PETITIONER & STATE:

     1       KUNHAYISHA
             AGED 57 YEARS
             D/O.MOIDEEN, AL ZAHIR HOUSE,
             MELADI AMSOM KIZHU DESOM,
             KOYILANDY TALUK,
             KOZHIKODE -673 001


     2       STATE OF KERALA
             REP.BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM-682031.



             C.N. PRABHAKARAN - SR.P.P

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON

08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         3
Crl. Rev.Pet. No.2411 of 2013


                                                              2024:KER:83276


                          P.G. AJITHKUMAR, J
             -------------------------------------------------
                      Crl. R.P. No. 2411 of 2013
             -------------------------------------------------
             Dated this the 08th day of November, 2024

                                 ORDER

Revision petitioners are the respondents in M.C. No.22 of

2011 on the files of the Judicial Magistrate of the First Class,

Payyoli. Order dated 27.04.2012 dismissing the petition was

challenged by the respondents by filing an appeal before the

Court of Sessions, Kozhikode. As per the judgment dated

23.08.2013, the appeal was allowed in part. Orders of

residence, maintenance and protection were granted. The said

judgment is under challenge in this revision petition filed under

Section 397 read with 401 of the Code of Criminal Procedure,

1973.

2. This revision petition was filed in the year 2013.

3. Despite giving repeated directions, the petitioners did

not take proper steps to serve notice on the 2nd respondent, the

wife.

4. Today, when this matter is taken up for

2024:KER:83276

consideration, the learned counsel for the revision petitioners

would submit that although registered notice was sent to the

petitioners on 14.06.2024, they did not turn up yet. In the

circumstances, the learned counsel is also unable to take steps

in the present address of the 2nd respondent.

5. Having considered the fact that this revision petition

has been pending for the last 11 years and service of notice on

the 2nd respondent is not yet complete for want of taking steps

by the petitioners, I hold that this petition deserves to be

dismissed.

Accordingly, this revision petition is dismissed for non-

prosecution.

Sd/-

P.G. AJITHKUMAR JUDGE SMF