The Criminal Revision Petition was dismissed as withdrawn. The court granted leave to the petitioner to withdraw the petition with liberty to file a victim appeal under Section 376 Cr.P.C.
Leave to withdraw the Crl.R.P. with liberty to file a victim appeal was granted.
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 ALEXANDER THOMAS
THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941
Crl.Rev.Pet.No.924 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 661/2013 DATED 28-12-2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
REVISION PETITIONER/S:
MOIDU, AGED 60 YEARS S/O.MOIDUNNI, THARAYYIL HOUSE, PUTHIYIRUTHI, PALAPETTY P.O., MALAPPURAM- 679579.
BY ADVS. DR.K.P.PRADEEP SRI.SANAND RAMAKRISHNAN SMT.NEENA ARIMBOOR SRI.T.T.BIJU SMT.T.THASMI SMT.ANJANA KANNATH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI- 682031.
2 NAFEESU, CHAKKANTHENGIL HOUSE, AYIRUR AMSOM, PUTHIRUTHI DESOM, PALAPETTY P.O., PONNANI TALUK, MALAPPURAM- 679579.
BY ADV. SRI.C.ANIL
OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.924 OF 2019
2
ALEXANDER THOMAS, J.
Crl.R.P. No. 924 of 2019
Dated this the 8th day of August, 2019
O R D E R
Dr.K.P.Pradeep, learned counsel appearing for the petitioner that
leave may be granted to the petitioner to withdraw this Crl.R.P. with liberty to file a victim appeal in terms of the proviso to Section 376 of the Cr.P.C. as his party would fulfill the definition of ‘victim’ within the meaning of Section 2(wa) of the Cr.P.C. The leave is accorded to the petitioner to work out his remedies in accordance with the law. Further, on the request of the petitioner, it is ordered that the certified copy of the impugned AnnexureA1 judgment shall be return back by the Registry to the petitioner’s counsel. With the said liberty, the above Crl.R.P. will stand dismissed as withdrawn.
sd/-
ALEXANDER THOMAS, JUDGE
SKS
Crl.Rev.Pet.No.924 OF 2019
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.661 OF 2013 DATED 28.12.2018 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PONNANI, MALAPPURAM.
2 provisions across 1 enactments
Moidu
State of Kerala
Nafeesu
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
