IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 811 of 2000()
1. A.K.N.PANICKER
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.M.J.THOMAS
For Respondent :SRI.MATHEW JOHN (K)
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/05/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.811 of 2000
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Dated this the 21st day of May, 2009
O R D E R
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Heard both sides.
2. Petitioner is the accused in C.C. No.782 of 1998 of the
court of Judicial First Class Magistrate-I, Kottayam. He filed Crl.M.P.
No.2457 of 2000 to close the evidence in the light of the decision in
Common Cause v. Union of India (1996) 4 SCC 33 as
modified in Common Cause v. Union of India (1996) 6 SCC
775. Learned Magistrate as per the impugned order dismissed the
petition. Hence the revision.
3. It is seen from the order under challenge that originally
the case was filed in the court of Chief Judicial Magistrate Kottayam
and on 25.6.1997 the case was transferred to the court Judicial First
Class Magistrate-III, Kottayam. The case was pending in that court till
1.12.1998 and subsequently the case was transferred to the court of
Judicial First Class Magistrate-I, Kottayam. Learned Magistrate
observed that as per the clarificatory order dated 28.11.1996 in Writ
Petition (Civil)No.1128 of 1986 the directions in paragraphs 1 and 2 of
the decision in Common Cause’s case shall not apply to cases
CRL. R.P. NO.811 of 2000
-: 2 :-
relating to the offence punishable under Section 138 of the Negotiable
Instruments Act. Learned Magistrate observed that the delay in
recording the evidence was due to the transfer of the case to the
different courts.
4. In view of the above factual situation and since the
decision in Common Cause’s case has been over ruled by the Apex
Court in Ramachanda Rao v. State of Karnataka (2002 (2)
KLT 189) the contention of the petitioner that learned Magistrate
ought to have closed the evidence on account of the alleged delay
cannot be sustained.
Revision petition therefore fails. It is dismissed.
Criminal Miscellaneous Petition Nos.4280 of 2001 and 4234 of
2001 shall stand dismissed.
THOMAS P.JOSEPH, JUDGE.
vsv
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.811 OF 2000
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O R D E R
21ST MAY, 2009