Dismissed

Seenath Beevi v. State of Kerala

Kerala HC10 Sept 2015Crl.Rev.Pet/1118/2015

Case brief

AI extract

What is this about?

A criminal revision by a defacto complainant against an acquittal under Section 498A IPC was dismissed as withdrawn. The court accepted the petitioner's submission to withdraw the petition in favour of filing a proper appeal under Section 372 Cr.P.C.

What did the court decide?

Permission to withdraw the criminal revision petition with liberty to file a proper appeal under Section 372 Cr.P.C. granted.

Seenath Beevi Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2015)

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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 P.UBAID

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THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937

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Crl.Rev.Pet.No. 1118 of 2015 ()

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CC 130/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,ATTINGAL CRIME NO. 99/2003 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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REVISION PETITIONER/DE-FACTO COMPLAINANT:

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SEENATH BEEVI, AGED 45 YEARS W/O.NAUSHAD, D/O.KOCHAHMED PILLAI KIZHAKKUMPURATHU VEEDU, MOHANAPURAM, KOYTHOORKONAM THIRUVANANTHAPURAM, FROM KONATHU PANAYIL VEEDU MANVILA, KULATHOOR, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.DINESH

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RESPONDENTS/RESPONDENTS/COMPLAINANT AND ACCUSED:

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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. NOUSHAD, S/O.MUHAMMAD HANEEFA, KIZHAKKUMPURATHU VEEDU KOITHOORKONAM, VELLOOR MURI, ANDOORKONAM VILLAGE.

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3. BASHEER S/O.ISMAIL,KAVADIVARATHU VEEDU MOHANAPURAM, KOITHOORKONAM ANDOORKONAM VILLAGE.

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R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10-092015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P. UBAID, J.

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Crl.R.P.No.1118 of 2015

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Dated this the 10^th day of September, 2015

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O R D E R

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The petitioner herein is the defacto complainant in a prosecution under Section 498A IPC. She is aggrieved by the judgment of acquittal made by the trial court under Section 248 (1)Cr.P.C. The said judgment of acquittal is challenged in this revision. As a victim of offence, she has right to file appeal against the acquittal under the proviso to Section 372 Cr.P.C. When remedy of appeal is provided, a revision by the person who is given right to appeal cannot be entertained by the High Court, as provided under Section 401(4) Cr.P.C. Realising this legal aspect, the learned counsel seeks permission to withdraw this Crl.R.P. with liberty to file a proper appeal against the judgment of acquittal, as a victim. The submission is accepted, permission is accordingly granted, and the Crl.R.P. is dismissed as withdrawn, without prejudice to the right of the petitioner to file a proper appeal under the law, subject to the law of limitation.

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Sd/-

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P. UBAID, JUDGE

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Seenath Beevi v. State of Kerala

Case brief

What is this about?

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Seenath Beevi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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