Dismissed

Sreenivasan v. State of Kerala

Kerala HC6 Mar 2018Crl.MC/1305/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the criminal miscellaneous petition as withdrawn. While the petition was disposed of, the judgment clarified that direct payment to the complainant satisfies the compensation order and no deposit at the court below is required pursuant to a cited precedent.

What did the court decide?

No deposit of fine before the court below is required; direct payment to the complainant via affidavit suffices.

Sreenivasan Vs State of Kerala — Kerala HC (2018) — LawSathi Research

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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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939

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Crl.MC.No. 1305 of 2018

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CC 3205/2007 of J.M.F.C.-I, ALUVA

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CRA 563/2010 of ADDL. SESSIONS COURT, NORTH PARAVUR

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PETITIONER(S)/ACCUSED

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1 SREENIVASAN, AGED 43 YEARS,

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S/O.KRISHNAPILLAI, KRISHNA VILLAS,

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FRIENDS LANE, THOTTAKATTUKARA, ALUVA, ERNAKULAM

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BY ADVS.SRI.C.A.MAJEED

SRI.K.H.ASIF

SMT.MOLTY MAJEED

RESPONDENT(S):

1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031

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2 VINOD PAUL,

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S/O.PAULOSE, MANAYAPPILLY HOUSE, KAPRASSERY,

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NEDUMBASSERY,ERNAKULAM-683585.

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R2 BY ADV. SRI.ANIL K.MOHAMMED

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R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1305 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE: TRUE COPY OF THE RECEIPT NO.516089 BOOK NO.5161 DATED 5/3/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOLLAM

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.1305 of 2018

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Dated this the 6^th day of March, 2018

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O R D E R

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Dismissed as withdrawn.

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However, in view of the decision of this Court in Subhash Sait v. Sree Gokulam Chits and Finance, Palakkad & Another [2015 (4) KHC 741], there is no need for this Court to issue any order for the petitioner to deposit the fine before the court below, as directed by this Court as per order dated 11.01.2013 in Crl.R.P. No.14 of 2013 even after the period fixed by this court.

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I also make it clear that the payment directly made to the complainant will be treated as sufficient compliance of payment of compensation awarded by this Court as per order dated 11.01.2013 in Crl.R.P. No.14 of 2013, provided the complainant files an affidavit in this regard before the

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trial court.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Sreenivasan v. State of Kerala

Case brief

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Sreenivasan v. State of Kerala

Case brief

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