Kerala High Court
K.C.Kuruvila vs Ruby Disilva on 17 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.6908 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 6908 OF 2018
AGAINST THE NON BAILABLE WARRANT DATED 01.10.2018
ISSUED UNDER SECTION 72 OF THE CODE OF CRIMINAL
PROCEDURE, 1973 BY THE JUDICIAL MAGISTRATE OF FIRST
CLASS, VAIKOM IN ST NO.663 OF 1997.
PETITIONER - ACCUSED:
K.C.KURUVILA,
SON OF CHANDY, KUZHIMALAYIL, BRAHMAMANGALAM
KARA, CHEMPU VILLAGE, BRANHMAMANGALAM P.O.,
NOW RESIDING AT 70 7G VRINDAVAN APARTMENT,
VYTTILA, KOCHI- 682 019
BY ADVS.
K.S.BHARATHAN
AADITHYAN S.MANNALI(K/631/2014)
ALEENA SONY(K/926/2019)
RESPONDENTS - RESPONDENTS - COMPLAINANT & STATE:
1 RUBY DISILVA
SECRETARY, VELLOOR GRAMA PANCHAYAT, MEVELLOOR
P.O., PIN- 686 609
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682031.
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BY ADVS.
SRI.AUGUSTINE JOSEPH - R1
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.6908 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.6908 of 2018
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Dated this the 17th day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed seeking
the following reliefs:
"to quash Annexure A6 and to grant such
other reliefs as this Honourable Court may deem
fit, just and proper in the circumstances of the
case."
2. The petitioner was convicted and sentenced
by the Judicial First Class Magistrate Court, Vaikam as
per Annexure A1 judgment. It will be better to extract
the concluding portion of the above judgment:
"7. Point No.2. In the result, the accused is found
guilty under Section 210 of the Kerala Panchayat
Raj Act, 1994 read with Rule 27 of the Kerala
Panchayat Raj (Taxation and appeal) Rules 1996
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and is convicted and sentenced to pay the arrears
of rate amounting to Rs. 3,14,111/- (rupees three
lakh, fourteen thousand, and one hundred and
eleven), warrant fee amounting to Rs.5/- (rupees
five) and a fine of Rs. 5,000/- (rupees five
thousand) and in default of payment of the fine, to
undergo simple imprisonment for a period of three
months."
3. The above judgment was confirmed by the
appellate court as per Annexure A2. The petitioner
challenged the same before this Court by filing Crl.R.P.
No.1163/2002. According to the petitioner, as per
Annexure A3 order suspending the sentence, the
petitioner deposited the fine amount. Subsequently,
the revision itself was dismissed as per Annexure A5.
Thereafter, Annexure A6 warrant of arrest is issued.
According to the petitioner, since the petitioner
deposited the fine amount, no warrant can be issued to
the petitioner. According to the petitioner, there is no
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compensation ordered by the trial court and the fine
amount is already deposited. I am of the considered
opinion that this question is not raised before the court
concerned. The petitioner can raise this question
before the learned Magistrate by filing a petition and
there can be a direction to consider the same and till
then the operation of Annexure A6 can be stayed.
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner:
1. The petitioner is free to file an objection
against Annexure A6 before the Judicial First
Class Magistrate Court, Vaikom, within thirty
days from the date of receipt of a stamped
certified copy of this order.
2. If such a petition is received, the learned
Magistrate will consider the same and pass
appropriate orders in it, after giving an
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opportunity of hearing to the petitioner.
3. Till final orders are passed in the petition,
on condition that the petitioner submit the
petition as directed above, the operation of
Annexure A6 shall be kept in abeyance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 COPY OF JUDGMENT DATED 12.10.1999 IN
S.T.CASE NO.663 OF 1997 OF THE
JUDICIAL MAGISTRATE OF 1 CLASS,
VAIKOM.
ANNEXURE A2 COPY OF JUDGMENT DATED 5TH JUNE, 2002
OF THE COURT OF THE ADDITIONAL
SESSIONS JUDGE, KOTTAYAM,
ANNEXURE A3 COPY OF ORDER DATED 2.9.2002 IN CRL
M.P.NO.6160 OF 2002 IN CRL.RP.NO.1163
OF 2002 OF THIS HONOURABLE COURT.
ANNEXURE A4 COPY OF OFFICIAL MEMORANDUM DATED
3.9.2002 ISSUED BY THE OFFICE OF THE
JUDICIAL 1ST CLASS MAGISTRATE COURT,
VAIKOM.
ANNEXURE A5 COPY OF ORDER DATED 26.7.2017 IN
CRL.REV.PTN.NO.1163 OF 2002.
ANNEXURE A6 COPY OF NON BAILABLE WARRANT DATED
1.10.2018 ISSUED BY THE COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS,
VAIKOM.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
