Dismissed

Rajan v. State of Kerala

Kerala HC1 Aug 2018Crl.MC/3894/2018

Case brief

AI extract

What is this about?

The Court dismissed a petition seeking quashing of a distress warrant for fine realization. Relying on Section 70 IPC, the Court held that accrued fine remains recoverable within six years of the final sentence despite the petitioner having undergone default sentence. The warrant issued beyond this period was upheld.

What did the court decide?

The petition seeking quashing of the distress warrant issued for realization of fine was dismissed.

Rajan Vs State of Kerala — Service and Employment | Kerala HC (2018)

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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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WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940

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Crl.MC.No. 3894 of 2018

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IN CRL.M.P. NO. 399 OF 2018 IN S.C. NO. 381 OF 2001 OF ADDITIONAL SESSIONS COURT NO.IV, THODUPUZHA

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PETITIONER(S)/PETITIONER/ACCUSED

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RAJAN S/O. PAPPU, AGED 45 YEARS, THOTTATHIKKUDI HOUSE, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

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BY ADV.SRI.LATHEESH SEBASTIAN

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RESPONDENT(S)/STATE & COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY SR. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3894 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1. TRUE COURT	COPY OF THE DATED 26-07	JUDGMENT OF THIS HON'BLE -2013 IN CRL. APPEAL NO. 166/2004.
ANNEXURE A2. TRUE SUPER THIRU	COPY OF THE INTENDENT VANANTHAPURA	CERTIFICATE ISSUED BY THE OF CENTRAL PRISON, M DATED 29-05-2014.
ANNEXURE A3. TRUE M.A.	COPY OF THE NO. 1075/200	ORDER DATED 28-01-2004 IN CRL. 4 IN CRL. APPEAL NO. 166/2004.
ANNEXURE A4. TRUE COURT DATED	COPY OF THE NO. IV, THO 14-02-2018.	ORDER OF ADDITIONAL SESSIONS DUPUZHA IN CRL.M.P. NO. 399/2018

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RESPONDENT'S EXHIBITS: NIL

//True copy//

P.A. to Judge

P.UBAID, J.

- - - - Crl.M.C. No. 3894 of 2018

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Dated this the 01^st day of August, 2018

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O R D E R

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The petitioner seeks orders quashing the distress warrant issued from the court below for realization of the fine amount due from him, and he seeks orders on the ground that he has already undergone the default sentence. The purpose of default sentence is to compel payment of fine, and it is not punishment. Section 70 of the Indian penal Code provides that the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. Section 70 IPC declares the policy of law that even in cases where the

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Crl.M.C. No. 3894 of 2018

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-2-

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accused has undergone default sentence, the amount of fine due from him can be realized from him. But it can be done only within six years. It appears that the sentence imposed in this case became final in 2013. In view of Section 70 authorising realization of fine amount, the distress warrant issued from the court below cannot be set aside by this Court under Section 482 Cr.P.C..

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The present petition is accordingly dismissed.

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Sd/- P.UBAID

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JUDGE

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ds 01.08.2018

Rajan v. State of Kerala

Case brief

What is this about?

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Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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