Kerala HC dismissed a criminal revision petition challenging conviction and sentence for IPC 353. Noting the petitioner had remitted the fine, the court held no grievance remained and dismissed the petition as withdrawn.
The revision petition was dismissed as withdrawn.
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 C.S.DIAS
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
CRL.REV.PET NO. 298 OF 2011
AGAINST THE ORDER/JUDGMENT CC 415/2006 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, KOTHAMANGALAM
CRA 824/2009 OF THE COURT OF THE IVTH ADDITIONAL SESSIONS JUDGE,
ERNAKULAM
REVISION PETITIONER/S:
GOPALAKRISHNAN KARTHA, AGED 57 YEARS
S/O.NEELAKANDAN KARTHA, THRIPPLIKKATTU HOUSE,,
THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE.
BY ADV SRI.S.DILEEP (KALLAR)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE
SUB INSPECTOR OF POLICE, KOTHAMANGALAM, POLICE STATION,
REP.BY THE PUBLIC PROSECUTOR,, HIGH COURT OF KERALA,
ERNAKULAM.
Smt Pushpalatha M.K, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C. S. DIAS, J.
Crl.R.P. No.298 of 2011
Dated this the 16th day of October, 2023
ORDER
The revision petition is filed challenging the legality and propriety of the judgments passed in Crl.Appeal No.824/2009 by the Court of the IVth Additional Sessions Judge, Ernakulam (Appellate Court) and in CC No.415/2006 by the Court of the Judicial Magistrate of First Class, Kothamangalam (Trial Court) concurrently holding the revision petitioner guilty for the offence under Sec.353 of the Indian Penal Code (for brevity, ‘IPC’) and convicting and sentencing him to pay a fine of Rs.3,000/-.
Prosecution case in brief
revision petitioner (accused) was working in the office of the
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District Education Officer, Kothamangalam, he entered into the chamber of the Personal Assistant to the District Education Officer named, Hariharan (PW1) and abused him and had altercation with him on the alleged denial of transfer. The Kothamangalam Police registered crime No.344/2006 and charge-sheeted the accused for the offences under Secs.294(b) and 353 of the IPC.
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record, found the revision petitioner/accused guilty for the offence under Sec.353 of the IPC and convicted and sentenced him to undergo imprisonment for a day (till the rising of the Court) and to pay a fine of Rs.3,000/- and in default to undergo imprisonment for a further period of three months.
months.
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courts below, the revision petition is filed.
Appellate Court.
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has already remitted the entire fine amount of Rs.3,000/before the Trial Court. In view of the remitting of the fine
amount, I am of the view that nothing further survives in the revision petition.
Resultantly, the revision petition is dismissed as
withdrawn.
Sd/-C.S.DIAS
sks/16.10.23 JUDGE
1 issue framed by the court
Whether a criminal revision petition can be dismissed as withdrawn when the conviction stands and the fine has been remitted.
1 provisions across 1 enactments
Gopalakrishnan Kartha
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court