The High Court of Kerala held that a second criminal appeal filed by the appellant was not maintainable as another appeal regarding the same conviction had already been disposed of and a direction to release had been issued.
The instant appeal was dismissed as not maintainable.
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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
CRL.A.No. 2331 of 2006 ( )
AGAINST THE ORDER/JUDGMENT IN SC 258/2005 of ADDL.DISTRICT COURT SESSIONS JUDGE FAST TRACK NO.II, PALAKKAD DATED 30-10-2006
APPELLANT(S)/ACCUSED:
KRISHNANKUTTY, AGED 58 YEARS,
S/O.GOVINDAN, POOLAKKAL VEEDU,
THADUKKASSERY,, KERALASSERY, PALAKKAD.
BY ADV. SRI.K.P.BALAGOPAL
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02-112016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN.V., J
JUDGMENT
It is brought to the notice of this Court by the Registry that another appeal was filed by the appellant as Crl.A.No.1948 of 2007 challenging the conviction and sentence passed against him in S.C. No. 258 of 2005 of the Additional Sessions Judge, Fast Track No.II, Palakkad. The said appeal was disposed of by judgment dated 09.02.2009 and this Court taking note of the fact that he had already undergone more than 27 months imprisonment, had issued directions to release the appellant forthwith.
Having regard to the above, the instant appeal is not maintainable and the same is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN.V.,
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
Krishnankutty
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
