High Court reserved a 2011 criminal revision petition wherein the accused died during pendency. Finding no legal heirs came on record after death, court followed precedent and consigned the petition to the record room.
Revision petition consigned to the record room.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.REV.PET NO. 795 OF 2011
AGAINST THE JUDGMENT CRA 313/2009 OF ADDITIONAL SESSIONS COURT
(ADHOC)-II, PATHANAMTHITTA
ST 991/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,PATHANAMTHITTA
REVISION PETITIONER/APPELLANT/ACCUSED:
BIJU.K.BKALEEKAL VEEDU, MUDIYOORKONAM.P.O.,, PANDALAM, PATHANAMTHITTA.
BY ADVS. SRI. K.SHAJ SRI.SAJJU.S
RESPONDENTS/COMPLAINANT/STATE:
BY ADV SRI.C.B.SREEKUMAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 795 OF 2011
2
ORDER
The revision petition is filed challenging the judgment passed by the Court of the Additional Sessions Judge (Adhoc) II, Pathanamthitta, in Crl.A No.313/2009, wherein the said Court confirmed the conviction passed by the Court of the Judicial First Class Magistrate-II, Pathanamthitta in ST No.991/2008 as against the revision petitioner for an offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo imprisonment till the rising of the court and to pay a compensation of Rs.2,00,000/to the first respondent, and in default to undergo simple imprisonment for a further period of three months.
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CRL.REV.PET NO. 795 OF 2011
from the Sub Inspector of Police, Panthalam, to ascertain as to whether the revision petitioner is dead. The Sub Inspector, by communication dated 5.12.2016, has informed this Court that the revision petitioner died on 25.12.2016. A copy of the death certificate was also forwarded to this Court.
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CRL.REV.PET NO. 795 OF 2011
time period is fixed. However, if no such application is filed, then the appeal/revision petition has to be consigned to the record room.
Resultantly, this revision petition is disposed of by consigning the revision petition to the record room.
Sd/-C.S.DIAS
ma/18.9.2023 JUDGE
Colour shows how this judgement treated each authority
Pazhani v. State of KeralaFollowed¶28
Pazhani v. State of Kerala [2017 (1) KLT 341 (FB)]
Biju.K.B.Kaleekal Veedu
Vikraman Pillai
State of Kerala
C.S. Dias
As recorded by the court registry
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