Kerala High Court
Balakrishna Pillai, S/O Gopala Pillai vs State Of Kerala on 3 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.180 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
CRL.REV.PET NO. 180 OF 2025
CRIME NO.1515/2016 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 20.06.2022 IN CC
NO.912 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
KOTTARAKKARA
REVISION PETITIONER(S)/ACCUSED 1 AND 2:
1 BALAKRISHNA PILLAI, S/O GOPALA PILLAI
AGED 77 YEARS
JYOTHIS, KOTTATHALAMURI, MYLOM VILLAGE, KOTTATHALA
P.O., KOTTARAKKARA, KOLLAM, PIN - 691507
2 JAYERS, S/O BALAKRISHNA PILLAI
AGED 45 YEARS
JYOTHIS, KOTTATHALAMURI, MYLOM VILLAGE, KOTTATHALA
P.O., KOTTARAKKARA, KOLLAM, PIN - 691507
BY ADV SRI.MANSOOR ALI
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
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2 THE STATION HOUSE OFFICER
KOTTARAKKARA POLICE STATION, KOTTARAKKARA P.O.,
KOLLAM, PIN - 691506
3 SRI.MOHAN KUMAR, S/O CHANDRASEKHARAN NAIR
AGED 64 YEARS, THIRUVONAM, KIZHAKKEKARA,
KOTTARAKKARA, KOLLAM, PIN - 691506
BY ADV.
SMT.SEETHA S., SENIOR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Rev.Pet. No.180 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.180 of 2025
-------------------------------
Dated this the 03rd day of June, 2025
ORDER
The above Criminal Revision Petition is filed
challenging the order framing charge by the Judicial First
Class Magistrate Court-I, Kottarakkara. The learned
Magistrate framed charge under Sections 324, 327, 294(b),
452 & 506(i) r/w 34 of the Indian Penal Code. Three grounds
are mentioned by the petitioners to set aside the framing of
charge. The first ground is that the District Consumer Forum
passed an order and in the light of the same criminal
prosecution is unsustainable. The second ground is that
there is a long delay in filing the complaint and that itself is a
reason to terminate the criminal prosecution. The third
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ground is based on the dictum laid down by the Apex Court
in Priyanka Sreevasthava & Another v. State of U.P.
and Another [2015 (6) SCC 287].
2. The above Calender Case is registered in the
year 2016. The crime is also registered in the year 2016. At
this distance of time, I am of the considered opinion that
these contentions need not be considered by this Court.
These contentions can be raised by the petitioners at the
time of trial.
Therefore, this Criminal Revision Petition is disposed
of. All the contentions raised by the petitioners in this
revision petition are left open and the petitioners are free to
raise those contentions before the trial court at the
appropriate stage. The Judicial First Class Magistrate Court-
I, Kottarakkara will try to dispose of C.C. No.912/2016, as
expeditiously as possible. If the petitioners filed any
application for personal exemption, the learned Magistrate
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will consider the same favorably, on condition that the
petitioners will appear on posting dates on which their
presence is inevitable.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
2025:KER:38761
APPENDIX OF CRL.REV.PET 180/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE COMPLAINT AND FIR IN
CRIME NO:1515/2016 OF KOTTARAKKARA POLICE
STATION IN KOLLAM DISTRICT DATED
05/07/2016
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN C.C.
NO.912/2016 ON THE FILE OF THE IN C.C.
NO.912/2016 DATED 14/07/2016
ANNEXURE A3 THE TRUE COPY OF THE COMPLAINT DATED
15/09/2015 FILED BY THE 2ND REVISION
PETITIONER BEFORE THE SUB INSPECTOR OF
POLICE
ANNEXURE A4 THE TRUE COPY OF THE NOTICE DATED
30/09/2015 SENT BY THE 1ST REVISION
PETITIONER THROUGH HIS COUNSEL
ADV.KRISHNAVENI AND ITS POSTAL DATED
01/10/2015
ANNEXURE A5 THE TRUE COPY OF THE COMPLAINT NO.286/2015
DATED 19/11/2015 FILED BY THE 1ST REVISION
PETITIONER BEFORE THE CONSUMER DISPUTES
REDRESSAL FORUM, KOLLAM
ANNEXURE A6 THE TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 05/01/216 FILED BY THE 3RD
RESPONDENT BEFORE THE CONSUMER DISPUTES
REDRESSAL FORUM, KOLLAM IN CC NO.286/2015
ANNEXURE A7 . THE TRUE COPY OF THE ORDER DATED
16/07/2019 IN C.C.NO:286/2015 OF THE
CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
ANNEXURE A8 THE TRUE COPY OF THE INTERIM ORDERS DATED
24/05/2022 IN CRL.M.C.NO:8230/2019 OF THIS
HON'BLE COURT
ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT DATED
24/10/2024 IN CRL. M.C. NO:8230/2019 OF
THIS HON'BLE COURT
