P.V.Raveendran vs A.K.Babu on 7 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 794 of 1999()



1. P.V.RAVEENDRAN
                      ...  Petitioner

                        Vs

1. A.K.BABU
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :SRI.M.N.SUKUMARAN NAYAR(SR.)

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :07/03/2007

 O R D E R
                             K.R.UDAYABHANU, J

                        ---------------------------------------------

                              Crl.R.P.No.794 of 1999

                         ---------------------------------------------

                    Dated this the 7th day of March, 2007




                                        ORDER

Revision petitioner is the defacto complainant in C.C.52/93

in the file of the JFCM-III, Palakkad with respect to the offence

under Section 381 and 414 IPC. The court below as per the

order dated 19.2.1999 acquitted the accused in the light of the

ratio of the decision in Raj Deo Sharma vs. State of Bihar (1998

(2) KLJ 815 SC). It is challenging the above order of the court

below that the revision petition has been filed.

2. Subsequently, the larger bench of the supreme court

as per the judgment in Ramachandra Rao vs. State of Karnataka

(2002(2) KLT 189 SC) reversed ratio of the decision in Raj Deo

Sharma’s case (op.cit). In the circumstances, the order of the

court below acquitting the accused on the basis of the ratio of

the above decision cannot be sustained. In the result, the

judgment of the JFCM is set aside. The court below is directed

to further proceed with the trial. The accused shall appear

before the Judicial First Class Magistrate Court-III, Palakkad on

CRRP794/99 -2-

25.4.2007. The court below shall try the case and dispose of

the same on merits at the earliest.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

csl