IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1424 of 2001()
1. JAYAKUMAR
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/09/2008
O R D E R
THOMAS P. JOSEPH, J.
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Crl.R.P. No.1424 of 2001
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Dated this the 24th day of September, 2008.
ORDER
First accused in C.C.No.63 of 1998 of the Court of Judicial First
Class Magistrate-II, Thiruvananthapuram who was facing trial for the offences
punishable under Sections 323, 324 and 379 read with Section 34 of the Indian
Penal Code in C.C.No.63 of 1998 filed C.M.P.No.8006 of 2001 to close the
evidence in the light of the decision in Shaji v. State (2001(1) KLT 733). Learned
Magistrate observed that the plea of the accused were recorded on 16.11.1999,
witnesses were regularly attending the court, one of the witnesses have been
examined in part, there was no laches on the part of the prosecution and hence,
the petition was dismissed. First accused is aggrieved and hence, this revision.
2. Heard counsel for revision petitioner and the Public
Prosecutor.
3. The decision referred in the order under challenge
explained the decision in Raj Deo Sharma v. State of Bihar (1999 (1) KLT 173-
SC). The decision is Raj Deo Sharma’s case has been overruled by a larger
bench of the Supreme Court in Ramachandra Rao v. State of Karnataka (2002
(2) KLT 189). Therefore, the question of stopping further proceedings does not
any more arise. Revision petitioner has to face the trial.
Crl.R.P.No.1424/2001
2
Revision Petition is dismissed.
Crl.M.P.No.6811 of 2001 shall stand dismissed.
THOMAS P.JOSEPH,
JUDGE.
cks
Crl.R.P.No.1424/2001
3
Thomas P.Joseph, J.
Crl.R.P.No.1424 of 2001
ORDER
24th September, 2008