Review petition filed by a third party seeking review of a judgment directing investigation in a connected crime case. The court held the petitioner was neither a complainant nor an accused and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 31ST DAY OF MAY 2012/10TH JYAISHTA 1934
RP.NO. 783 OF 2011
(AGAINST WPC.5393/2011 DATED 05-04-2011)
REVIEW PETITIONER/3RD PARTY:
C.H. SUBAIR, S/O. K.P. ABDUL RAHIMAN, AGED 46 YEARS, RESIDING AT KAMMADATH HOUSE, PARAPPA P.O., HOSDURG TALUK, KASARGOD DISTRICT.
BY ADV. SRI.T.MADHU
RESPONDENTS/PETITIONERS & RESPONDENTS:
R.P. No.783 of 2011
BY ADV. SMT.DAISY A.PHILIPOSE BY ADV. SRI.JAI GEORGE BY GOVERNMENT PLEADER SMT. LILLY LESLIE (R4 TO R9)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31.05.2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P. JOSEPH, J.
R.P.No.783 of 2011 in W.P.(C) No.5393 of 2011
-------------------------------------Dated this the 31st day of May, 2012.
ORDER
This petition for review is filed by a third party to the case in respect of which judgment was pronounced.
2
W.P.(C) No.5393 of 2011
R.P.No.783 of 2011
in
some allegations made against the petitioner in Crime No.307 of 2010.
any of the crime cases referred above, I am not inclined to think that I must review the judgment in the writ petition at the instance of petitioner merely for the reason that some allegations are (allegedly) made against the petitioner as well.
respondents 1 to 3 or any of them will file an application for review if the judgment in the writ petition was passed on the basis of any factual error brought to the notice of this Court. That submission is recorded.
Resultantly this review petition is dismissed.
THOMAS P.JOSEPH, Judge.
cks
1 issue framed by the court
Whether a third party to a case is entitled to file a review petition of a judgment in a writ petition concerning investigation of crime cases in which there are allegations against the third party.
C.H. Subair
C.H. Abdul Razak
C.H. Abdul Azeez
Dr. C.H. Muhammed
State of Kerala
Sub Inspector of Police
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
