Single judge held that the criminal appeal should have been filed before the Sessions Court at Kalpetta, not this court at Ernakulam, and returned it for presentation before the appropriate High Court and the lower court judge.
Appeal returned to appellant for presentation before the appropriate High Court and the Sessions Court at Kalpetta.
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 B.KEMAL PASHA
TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938
CRL.A.No. 322 of 2016 ()
------------------------SC.NO. 15/2015 OF ASSISTANT SESSIONS COURT, SULTHAN BATHERY, WAYANAD
APPELLANT/ACCUSED :
JOHNSON S/O. CHACKO, AGED 52 VARIKKAMAKKAL HOUSE THANNITHERUVU, CHETTAPPALAM P.O., WYNADU DISTRICT.
BY ADV. SRI.JOSE J.MATHEIKEL
RESPONDENT/RESPONDENT :
THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 322 of 2016
............................................................... Dated this the 29th day of March, 2016
J U D G M E N T
This Criminal Appeal ought to have been filed before the Sessions Court, Kalpetta. Hence, this Appeal is returned to
the appellant for presentation before appropriate court.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether this criminal appeal is maintainable given the High Court of Calicut has jurisdiction over the Vythiri/Wayanad region.
JOHNSON S/O. CHACKO
THE STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
