Allowed

Unnikrishnan.K v. State of Kerala

Kerala HC19 Jan 2010Crl.Rev.Pet/245/2010

Case brief

AI extract

What is this about?

In a criminal revision, the High Court of Kerala allowed the revision without cancellation of a conviction under Section 323 IPC, as the petitioner was released under probation with admonition, ensuring no permanent stigma of conviction for a KSE.B. employee.

What did the court decide?

The criminal revision is disposed of with clarification; no specific revisional order granted as no stigma arises.

Unnikrishnan.K Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2010)

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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 V.RAMKUMAR

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TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931

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Crl.Rev.Pet.No. 245 of 2010()

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----------------------------CRA.860/2008 of 2008 OF ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK (ADHOC-II), KOZHIKODE CC.271/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA

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REVN. PETITIONER(S): --------------------UNNIKRISHNAN, S/0. GOPALAN ERADI, KARUMKATTIL HOUSE, THALAKKULATHUR AMSOM, EDAKKARA, KOZHIKODE DISTRICT

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENT(S): --------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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PUBLIC PROSECUTOR SRI. P.R. JAYAKRISHNAN

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19-01-2010 , THE COURT ON 19/01/2010 PASSED THE FOLLOWING:

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V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 245 of 2010 * * * * * * * * * * * * * * * * * * Dated: 19^th January, 2010

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ORDER

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The revision petitioner who was the accused in C.C. No. 271

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of 2007 on the file of the J.F.C.M. II, Perambra for offences punishable under Sections 323 and 324 I.P.C. was convicted by the trial court for both the offences. On appeal by him before the Sessions Court as Crl.Appeal No. 860/2008 the Addl. Sessions Court (Adhoc-II), Kozhikode as per judgment dated 1111-2009 acquitted the petitioner of the offence punishable under Sec. 324 I.P.C. but confirmed his conviction under Section 323 I.P.C. and he was directed to be released after due admonition under Sec. 3 of the Probation of Offenders Act, 1958. It is aggrieved by the said order passed by the lower appellate court that the revision petitioner has approached this Court.

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Heard the learned counsel for the revision petitioner and the Public Prosecutor.

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No sentence has been awarded to the revision petitioner for his conviction under Section 323 I.P.C. Section

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Crl.R.P. NO. 245 of 2010

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-:2:-

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12 of the Probation of Offenders Act specifically enacts that the stigma of conviction will not be there in the case of a person who has been released after admonition under Section 3 of the Probation of Offenders Act. Such being the position, the petitioner who is employed as a Senior Assistant in the K.S.E.B. need not have any apprehension of any disqualification arising out of the conviction recorded in this case. Clarifying this position, this Revision is disposed of.

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Dated this the 19^th day of January, 2010.

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V. RAMKUMAR, (JUDGE)

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ani.

Unnikrishnan.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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