The High Court of Kerala dismissed a criminal revision petition filed in 2010 as withdrawn. The court held that the petition became infructuous because the mining permit held by the petitioners had expired, leaving nothing for the court to decide regarding the impugned absolute closure order.
The criminal revision petition was dismissed as withdrawn.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
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
CRL.REV.PET NO. 3196 OF 2010
AGAINST THE ORDER IN CMP 5/2010 OF SUB DIVISIONAL MAGISTRATE, IDUKKI
REVISION PETITIONERS/COUNTER PETITIONERS 2,3,10 AND 11 IN CMP NO.5/2010:
1 M.S.PUSHPARAJ, MAPPILAKUDIYIL HOUSE, NERIAMANGALAM P.O., ERNAKULAM DISTRICT.2 SAJI MATHEW, PORIMATTATHIL HOUSE CHURULI, ALAPPARA P.O., IDUKKI DISTRICT.3 A.A.JAFFER, AANAKETTIPARAMBIL KUMMAMKALLU, THODUPUZHA EAST P.O., IDUKKI DISTRICT.4SUMESH KUMAR.P.V. PARACHALIL HOUSE
MYLACOMBU P.O., PAINKULAM, IDUKKI DISTRICT.
BY ADVS.
SRI.P.SANJAY
SRI.BIJU MEENATTOOR
SMT.A.PARVATHI MENON
RESPONDENTS:
1 STATE OF KERALA THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.2 THE SUB DIVISION MAGISTRATE IDUKKI, COLLECTORATE, KUYILIMALA,PAINAVU P.O., IDUKKI DISTRICT-685 553.
3 THE GEOLOGIST MINING GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION,, THODUPUZHA P.O., IDUKKI DISTRICT-685 584.SR.PUBLIC PROSECUTOR SMT.NIMA JACOB
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.R.P NO.3196 OF 2010 2
Dated this the 27th day of October, 2023
ORDER
The revision petition is filed challenging the order passed in CMP No.5/2010 by the Court of the Sub Divisional Magistrate, Idukki, making the conditional order passed under Section 133 (1) (a) (b) of the Criminal Procedure Code (in short, ‘Code’), absolute under Section 138 of the Code.
CRL.R.P NO.3196 OF 2010 3
Public Prosecutor appearing for the respondents.
withdrawn.
Sd/-
C.S.DIAS, JUDGE
rmm27/10/2023
2 issues framed by the court
Whether the criminal revision petition challenging the conversion of a conditional site closure order into an absolute order is maintainable when the mining permit has expired.
Whether a revision petition filed 12 years prior should be dismissed as infructuous.
2 provisions across 1 enactments
M.S. Pushparaj and others
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court