Allowed

Lissamma T v. the State of Kerala and Another

Kerala HC18 Nov 2011Crl.MC/3324/2011

Case brief

AI extract

What is this about?

In Criminal Misc. No. 3324 of 2011, the Kerala High Court was asked to quash a fresh warrant against a bedridden petitioner liable for compensation. The Court allowed the petition, directing that the warrant be dispensed with and instructing the Magistrate to attach the petitioner's assets under Section 421 Cr.P.C. to recover the amount.

What did the court decide?

Quashed the fresh NBW; directed the Magistrate to initiate proceedings under S.421 Cr.P.C. to recover compensation from the petitioner's assets.

Lissamma T Vs the State of Kerala and Another — Execution and Attachment | Kerala HC (2011)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933

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Crl.MC.No. 3324 of 2011()

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

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AGAINST THE JUDGEMENT/ORDER IN CRRP.3424/2003 Dated 14/12/2010 CRA.485/2002 of ADDL. SESSIONS COURT, KOTTAYAM. C.C. NO. 177/97 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM

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PETITIONER(S): REVISION PETITIONER

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

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LISSAMMA T., D/O. THANKAPPAN, THANNIMOOTTIL HOUSE, PAMPADY VILLAGE, VELLOOR KARA, VELLOOR P.O, KOTTAYAM DISTRICT.

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BY ADV. SRI. P. B. KRISHNAN

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RESPONDENT(S):

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

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. A.K.VIJAYAN,

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S. N. VILLA, VELLOOR P.O, KOTTAYAM - 686 012.

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R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3324 of 2011()

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APPENDIX

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PETITIONER(S) EXHIBITS

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ANNEXURE A.	DATED 08.11.2002 TRUE COPY OF JUDGMENT IN C.C NO. 177 OF 1997, JUDICIAL FIRST CLASS MAGISTRATE -1, KOTTAYAM.
ANNEXURE B.	DATED 16.10.2003, TRUE COPY OF THE JUDGMENT IN CRL.A NO. 485 OF 2002, ADDL. SESSIONS COURT, KOTTAYAM.
ANNEXURE C.	DATED 14.12.2010, CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CRL.R.P NO. 3424 OF 2003.
ANNEXURE D.	DATED 13.06.2011, TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCES.
ANNEXURE E.	DATED 10.11.2010, TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCES.
ANNEXURE F.	DATED 18.5.2011, TRUE COPY OF THE CERTIFICATE ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A. TO JUDGE

-------------------------------Crl.M.C. No.3324 of 2011

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N.K.BALAKRISHNAN, J.

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Dated this the 18^th day of November 2011

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O R D E R

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It is reported by the learned Magistrate that the accused (petitioner herein) was sentenced to pay compensation of Rs.78,000/- and in default of payment of the same, to undergo S.I. for two months. It is further reported that though NBW was issued, it was returned stating that the petitioner is totally bed ridden. Therefore, the learned Magistrate has chosen to issue fresh warrant against the petitioner. The learned counsel for the petitioner submits that in view of the fact that the petitioner is totally bed ridden, the further proceedings may be quashed. But, at the same time, the possibility of recovering the amount from the assets of the petitioner, resorting to Sec.421 Cr.P.C. has to be adopted by the learned Magistrate. Of course, if there are no movable or

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Crl.M.C. No.3324 of 2011

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immovable properties to be proceeded against and if a report is received to that effect, the learned Magistrate is at liberty to close the entire case.

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In the result, in view of the fact that the petitioner is totally bed ridden, NBW need not be issued again. But the learned Magistrate will initiate proceedings under Sec.421 Cr.P.C. if a report is received to the effect that there are no movable or immovable properties belonging to the petitioner to be proceeded against, then the learned Magistrate will close the entire proceedings.

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This Crl.M.C. is allowed accordingly.

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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Lissamma T v. the State of Kerala and Another

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Lissamma T v. the State of Kerala and Another

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