High Court Kerala High Court

B.A.Ashraf vs State Of Kerala on 25 March, 2010

Kerala High Court
B.A.Ashraf vs State Of Kerala on 25 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 792 of 2010()


1. B.A.ASHRAF, S/O. ABDULRAHMAN,
                      ...  Petitioner
2. B.MOHAMMED, S/O. ABDULLA,

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/03/2010

 O R D E R
                          V. RAMKUMAR, J.
                     ...........................................
                      Crl.R.P. No. 792 of 2010
                     ............................................

                       Dated:25th March, 2010

                                   ORDER

The petitioners were the sureties for the accused in C.C. No.

678 of 2004 on the file of the J.F.C.M. I., Kasaragod .

Consequent on the absence of the accused before the Magistrate in

M.C. 42 of 2008 was registered against the petitioner and in that

case the learned Magistrate ordered them to pay penalty of Rs.

7,000/- each. The said order was confirmed in appeal as Crl.

Appeal 133 of 2008 on the file of the Sessions Court, Kasaragod.

Thereafter the trial Court registered yet another M.C. No.82/2008

against the petitioners for the very same default. Since the

petitioner did not appear in the said M.C. the trial Court again

imposed a penalty of the said amount of Rs. 7000/-. On appeal

preferred by the petitioners before the Sessions Court as

Crl.Appeal 1 of 2010 the learned Sessions Judge dismissed the

same as time barred. Hence, this Revision.

Crl.R.P. No. 792 of 2010 -:2:-

2. This Court had called for the remarks of the trial

Court. As per letter dated 17-3-2010 , the J.F.CM. Kasargod has

reported that two MCs were registered against the petitioners by

mistake. It appears to be so because after the order in M.C.

42/2008 the petitioners had never stood as sureties for the very

same accused. This fact is also conformed in the letter of the

Magistrate. If so, M.C.82/2002 registered against the petitioners

was by mistake. The order dated 17-10-2008 of the trial Court in

M.C. 82 of 2008 and the judgment in Crl.A. 1/10 of the Sessions

Court, Kasaragod, are accordingly set aside and the proceedings

initiated against the petitioners in M.C. 82 of 2008 shall stand

dropped.

This Revision is allowed as above.

V.RAMKUMAR,JUDGE.

Crl.R.P. No. 792 of 2010 -:3:-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932

Crl.Rev.Pet.No. 792 of 2010()

—————————–

CRA.1/2010 of SESSIONS COURT, KASARAGOD
MC.82/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD
………………..

REVN. PETITIONER(S):

———————

1. B.A.ASHRAF, S/O. ABDULRAHMAN,
BOVIKANAM, MULIYAR VILLAGE, KASARAGOD.

2. B.MOHAMMED, S/O. ABDULLA,
MULIYAR VILLAGE, KASARAGOD TALUK.

BY ADV. SRI.T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI

RESPONDENT(S):

—————

STATE OF KERALA, REP. BY
THE SESSIONS JUDGE, KASARAGOD, REP. BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

PUBLIC PROSECUTOR MR. C.M. NAZAR

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE

Crl.R.P. No. 792 of 2010 -:4:-

FOLLOWING: