Komathkuni Ahammed Haji vs Moidu on 20 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3934 of 2007()


1. KOMATHKUNI AHAMMED HAJI, S/O.MAMMU,
                      ...  Petitioner

                        Vs



1. MOIDU, S/O. MOOSA,
                       ...       Respondent

2. ABOOBACKER, S/O. KUNHIPARIYEYI,

3. STATE OF KERALA,

                For Petitioner  :SRI.V.V.SURENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :20/11/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                    ...........................................
             CRL.R.P.NOs. 3934 & 3983 OF 2007
                   ............................................
     DATED THIS THE          20th        DAY OF NOVEMBER, 2008

                                   ORDER

These revision petitions are filed by the complainant in

C.C.816 of 2004, who is the defacto complainant in C.C.505 of

2004 on the file of Judicial First Class Magistrate, Vadakara. The

revision petitions are filed challenging the order of acquittal of

the accused for the offence under Section 506(i) read with 34

IPC in C.C.816 of 2004 and the insufficiency of the sentence

awarded in both the cases.

2. Learned counsel appearing for respondents submitted

that Crl.A.566 of 2007 and Crl.A.567 of 2007 are pending before

Additional Sessions Court, Vadakara filed by

respondents/accused challenging the conviction in C.C.505 of

2004 and C.C.816 of 2004. It is submitted that as both these

revision petitions are to be heard along with the appeal, the

revision petitions may be transferred to Additional Sessions

Court, Vadakara, to be heard with Crl.A.566 of 2007 and

Crl.A.567 of 2007. Learned counsel appearing for revision

petitioners also submitted that revision petitions may be

transferred to Additional Sessions Court, Vadakara. It was also

CRRP 3983/2007 & CON. 2

pointed out that joint trial of the two cases was illegal.

3. As the judgment challenged in these revision petitions

are challenged in Crl.A.566 of 2007 and Crl.A.567 of 2007,

transfer the revision petitions to Additional Sessions Court,

Vadakara to be heard along with Crl.A.566 of 2007 and Crl.A.567

of 2007. Revision petitioners are entitled to challenge the

legality of the joint trial also before the Sessions Court.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-