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: