Subair.A vs Madhu Babu
2024 Latest Caselaw 26745 Ker

Kerala High Court

Subair.A vs Madhu Babu on 5 September, 2024

Author: P. V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                      2024:KER:67314
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                        CRL.MC NO. 2855 OF 2017

        AGAINST   THE   ORDER/JUDGMENT   DATED    04.12.2015   IN   CRRP

NO.40 OF 2012 OF DISTRICT & SESSIONS COURT, ALAPPUZHA ARISING

OUT OF THE ORDER/JUDGMENT DATED 13.07.2012 IN CC NO.717 OF

2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA


PETITIONER/COMPLAINANT:

            SUBAIR.A, AGED 48 YEARS, S/O ABDUL KARIM,
            MATTATHIL VEEDU, MUTTATHIPARAMBU,
            THANNEERMUKKOM PANCHAYATH, CHERTHALA

            BY ADVS.
            SRI.SAIJO HASSAN
            SRI.BENOJ C AUGUSTIN
            SRI.U.M.HASSAN
            SMT.P.PARVATHY
            SRI.VISHNU BHUVANENDRAN


RESPONDENTS/ACCUSED & STATE:

    1       MADHU BABU, AGED 43 YEARS, S/O M.K.RAGHAVAN, SUB
            INSPECTOR OF POLICE, CHERTHALA POLICE STATION
    2       STATE OF KERALA
            REP. BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31
            SRI.RENJITH T R, SR PP


        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.2855/2017
                                     2

                                                       2024:KER:67314
                    P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                        Crl.M.C.No.2855 of 2017
                 -------------------------------------------
               Dated this the 5th day of September, 2024

                                ORDER

This Criminal Miscellaneous Case is filed with the

following prayers:

To allow this Crl.M.C, set aside the order of acquittal passed in C.C.No.717/2006 dated 13.07.2012 on the file of the Court of the Judicial First Class Magistrate-I, Chethala as confirmed in Crl.R.P.No.40/2012 on the file of the Court of Sessions, Alappuzha and the 1st respondent may be convicted in accordance with law, so as to secure the ends of justice.' (SIC)

2. The prayer is confusing. But the admitted case is like this:

The petitioner is the complaint in C.C.No.717/2016 on the

file of the Judicial First Class Magistrate Court-I, Cherthala. The

trial court convicted the 1st accused and acquitted the other

accused. The trial court imposed sentence also to the 1st accused.

Aggrieved by the sentence, the petitioner filed a revision before the

trial court. Aggrieved by the conviction and sentence, the 1 st

accused filed an appeal before the appellate court .

2024:KER:67314 The revision and appeal were considered together. The appeal is

allowed setting aside the conviction and sentence. The revision is

dismissed. Aggrieved by the acquittal order, the petitioner already

filed Crl.Appeal No.1038/2023. This Criminal Miscellaneous Case

is filed against the dismissal of the revision.

3. Since the conviction and sentence imposed on

the 1st accused is already set aside, I am of the considered opinion

that, this Criminal Miscellaneous Case need not be retained. The

contention raised by the petitioner in this Criminal Miscellaneous

Case can be raised in the appeal pending before the appellate

court.

With the above observation, this Criminal Miscellaneous

Case is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/05.09.2024