Shafeeque v. State of Kerala
Case brief
What is this about?
The High Court in revision held that Section 320 CrPC applies based on the law at the time of cognizance, not commission, after amending the operative date for composition.
What did the court decide?
Order remitted to Magistrate to consider application afresh.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934
Crl.MC.No. 2691 of 2012 ()
CMP.NO.3394/2012 IN CC.200/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT ,SULTHANBATHERY
PETITIONER(S)/2ND AND 3RD ACCUSED:
1. SHAFEEQUE, AGED 22 YEARS
- S/O.BASHEER,THERKKALATH VEEDU,KALLUVAYAL
- SULTHAN BATHERY.P.O,WAYANAD DISTRICT.
2. SHAJAHAN,
- S/O.MUHAMMED,ROTTIKADAYL VEEDU,KATTAYAD.P.O
Issues for consideration
3 issues framed by the court
Whether the law of composition applicable at the time of cognizance rather than commission governs Section 320 cases.
Whether Section 320 of the Code of Criminal Procedure applies retrospectively to amended provisions.
Whether a revision petition challenging a magistrate's order rejecting a composition proposal should be allowed.
Parties & counsel
- petitioner
Shafeeque
- petitioner
Shajahan
- respondent
State of Kerala
- respondent
Shyjith
Coram
Case details
As recorded by the court registry
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