The High Court of Kerala at Ernakulam heard a criminal revision petition challenging the dismissal of a discharge application. The court noted the revision petitioner had died in 2018. Relying on Pazhani v. State of Kerala, the court held the petition abated.
Petition dismissed as abated due to the death of the revision petitioner.
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
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
CRL.REV.PET NO. 31 OF 2011
IN CC NO.817/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
WADAKKANCHERRY
REVISION PETITIONER/5TH ACCUSED:
P.K.SOMASUNDARAM,
AGED 72 YEARS, PANAPARAMBIL HOUSE,
P.O.PERINGOTTUKARA,
THRISSUR DISTRICT.
BY ADV SMT.DHANYA P.ASHOKAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.R.P.No.31/2011
-:2:-
Dated this the 26th day of October,2023
O R D E R
The revision petition is filed challenging the order passed in C.M.P.No.5042/2010 in C.C.No.817/2009 of
the Court of the Judicial First Class Magistrate, Wadakkanchery, dismissing the application filed by the revision petitioner/fifth accused to discharge him under Section 239 of the Code of Criminal Procedure, 1973(in short, ‘Code’).
Crl.R.P.No.31/2011
-:3:-
Magistrate, by the impugned order, dismissed the application. The said order is illegal, improper and irregular. Hence, the revision petition.
Crl.R.P.No.31/2011
-:4:-
abated.
Resultantly, the revision petition is dismissed as
abated.
Sd/-
C.S.DIAS,JUDGE
DST/26.10.23
//True copy//
P.A.To Judge
2 issues framed by the court
Whether a criminal revision petition filed by an accused who has died stands dismissed as abated.
Whether the death of the revision petitioner renders the petition infructuous under Section 394 of the Code of Criminal Procedure.
Colour shows how this judgement treated each authority
Pazhani v. State of KeralaExplained¶28
Pazhani v. State of Kerala [2017(1) KLT 341(FB)]
2 provisions across 1 enactments
P.K. Somasundaram
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court