M.K.Koyamma vs State Of Kerala on 28 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3 of 1997()



1. M.K.KOYAMMA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.JOHNSON ABRAHAM,VICENT PIOUS

                For Respondent  :SRI.T.H.ABDUL AZEEZ

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :28/06/2007

 O R D E R
                      K.R.UDAYABHANU, J
                 ---------------------------------------------
                        Crl.R.P.No.3 of 1997
                  ---------------------------------------------
               Dated this the 28th day of June, 2007


                               O R D E R

The revision petitioner is the defacto complainant in

C.C.1/91 with respect to the offence under Sections 447, 324,

341 read with 34 of IPC.

2. The court below acquitted the accused in view of the

directions contained in writ petition (c) No.1128/96 of the

Supreme court as the matter was pending for 5 years. The above

position of law has been overruled in the decision of

Ramachandra Rao vs. State of Karnataka (2002(2) KLT 189).

Hence, the order of the court below is set aside and the matter is

remitted back to the court below. The court below shall dispose

of the matter on merits after issuing fresh summons to the

accused. Return the records.

The Crl.R.P. is disposed of accordingly.

K.R.UDAYABHANU,
JUDGE

csl