Remanded

Prabhakaran v. Excise Inspector, Kannur

Kerala HC20 Mar 2007Crl.Rev.Pet/1122/2007

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order sentencing the appellant under the Abkari Act and remanded the matter for a fresh hearing before the Additional Sessions Court, noting the accused lacked notice and the lower court exceeded its powers. The court directed the appellant to appear on a specified date.

What did the court decide?

Impugned order set aside; case remanded to Additional Sessions Court for hearing and disposal; appearance fixed for 24.4.2007.

Prabhakaran Vs Excise Inspector, Kannur — Criminal Trial and Appeal | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU

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TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928

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Crl.Rev.Pet.No. 1122 of 2007()

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-----------------------------CRA.212/2001 of ADDL. SESSIONS COURT, ADHOC-II, THALASSERY STC.649/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR

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REVN. PETITIONER: APPELLANT/ACCUSED

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PRABHAKARAN, S/O.KANNAN, AGED 55 YEARS, CHELORA AMSOM, THILANOOR DESOM, KANNUR DISTRICT.

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BY ADV. SMT.K.K.CHANDRALEKHA SRI.SUDHEESH THAROL

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RESPONDENTS: COMPLAINANT

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EXCISE INSPECTOR, KANNUR.

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.R.UDAYABHANU, J

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CRL.R.P.No.1122 of 2007

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--------------------------------------------Dated this the 20^th day of March, 2007

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O R D E R

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Revision petitioner is the accused, found guilty for the offence under Section 55(a) of the Abkari Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.25,000/- and in default, to undergo simple imprisonment for three months vide the order of the Judicial First Class Magistrate Court, Kannur. The same was confirmed in appeal by the Sessions Judge, Thalassery. It is the grievance of the petitioner that the case was made over from the Additional Sessions Court, Adhoc-II and that he had no notice of the same and hence, he could not be present before the court.

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I find that it is mentioned in the order of the court below that neither the counsel for the appellant nor the public prosecutor was present. It is also contended by the revision petitioner that the Magistrate has no powers to imposing a fine of Rs.25,000/-. The above aspect could not be brought before the notice of the Sessions Judge also.

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CRRP1122/07

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Page numbers

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In the circumstances, the order of the court below is set aside. The court below is directed to hear the appellant and dispose of the matter. The appellant shall appear before the Additional Sessions Judge, Adhoc-II on 24.4.2007.

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The criminal revision petition is disposed of as above.

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K.R.UDAYABHANU, JUDGE

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csl

Prabhakaran v. Excise Inspector, Kannur

Case brief

What is this about?

What did the court decide?

Prabhakaran v. Excise Inspector, Kannur

Case brief

What is this about?

What did the court decide?

What the court decided

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