The Kerala High Court dismissed a criminal revision petition as not pressed. However, it reserved a direction that the petitioners can adduce evidence to claim protection under Section 19(2) of the PFA Act during defence under Section 247 CrPC.
Permission to adduce evidence regarding Section 19(2) of the PFA Act at trial stage; Revised dismissed.
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.SUDHEENDRA KUMAR
FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938 Crl.Rev.Pet.No. 1474 of 2013 ()
CC 222/2009 of J.M.F.C.-II, KANNUR
REVISION PETITIONERACCUSED NO.1 & 2:
BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA
RESPONDENTS/ACCUSED NO.3/COMPLAINANT AND STATE :
R1 BY ADV. SRI.C.K.SREEJITH R1 BY ADV. SRI.JIMMY VARGHESE R2 & 3 BY PUBLIC PROSECUTOR, SMT.JASMINE V.H
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
Crl.R.P. No.1474 of 2013
O R D E R
When this matter has been taken up for hearing, the learned counsel for the revision petitioners has submitted that he is not pressing this revision petition for hearing on merits.
In the result, this revision petition stands dismissed as not pressed.
However, the dismissal of this revision petition will not preclude the revision petitioners from adducing evidence to prove that the petitioners are entitled to the protection under Section 19(2) of the Prevention of Food Adulteration Act, 1954 at the stage of defence evidence under Section 247 of the Code.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE
dl/.27.8.2016
// True Copy //
PA to Judge
1 issue framed by the court
Whether the revision petition pressed for dismissal remains live for adducing evidence on statutory protections.
2 provisions across 2 enactments
SAJEER K.M.
A.P.SADHULI
K P A STORE
THE FOOD INSPECTOR KANNUR
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
