Dismissed

A.Mahadevan v. State of Kerala

Kerala HC9 Oct 2012Crl.Rev.Pet/1797/2004

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a criminal revision petition filed by a petitioner challenging an order disposing of prosecutorial steps. The Court held that since the accused were acquitted, the impugned order became functus officio, rendering merits unnecessary.

What did the court decide?

Criminal Revision Petition dismissed without considering on merits due to acquittal of accused.

A.Mahadevan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2012)

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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 S.SIRI JAGAN

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TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934

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Crl.Rev.Pet.No. 1797 of 2004 ( )

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-------------------------------CRL.MP.966/2004 IN CC.917/1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA.

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REVISION PETITIONER/PETITIONER:

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A. MAHADEVAN, NO.34, VELACHERRY ROAD, B.BLOCK 3, GROUND FLOOR, SAIDAPET, CHENNAI -15.

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BY ADVS. SRI.P.VIJAYA BHANU, SRI.P.M.RAFIQ.

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RESPONDENT/COUNTER PETITIONER:

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

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BY PUBLIC PROSECUTOR MR.BIJU MEENATTOOR. ACCUSED NO.3 BY ADV. SRI.S.VIJAYAKUMAR.

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - Crl. Rev. Petition No.1797 of 2004

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 9^th day of October, 2012

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O R D E R

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The petitioner is the defacto complainant in C.C. No.917/1999 before the Judicial First Class Magistrate's Court-I, Alappuzha. He is challenging the order of the Magistrate in Crl. M.P. No.966/2004 filed by him for initiating coercive steps to procure the presence of the 3^rd accused for trial and to postpone the examination of the witnesses in the case. The Magistrate have dismissed the petition. The learned Public Prosecutor today submits that the Magistrate had proceeded with the trial in the C.C. No.917/1999 and the accused were acquitted. In view

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of the same, it is not necessary to consider this Crl.R.P. on merits. Accordingly, without prejudice to the right of the petitioner to seek his remedies against the judgment in C.C.No.917/1999 appropriately, taking all contentions available to him under law, including the contentions in this Crl.R.P., this Criminal Revision Petition is dismissed.

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shg/

A.Mahadevan v. State of Kerala

Case brief

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A.Mahadevan v. State of Kerala

Case brief

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