Dismissed

Druvan v. State of Kerala

Kerala HC10 Oct 2023Crl.Rev.Pet/83/2011

Case brief

AI extract

What is this about?

This court dismissed a criminal revision petition challenging a conviction under Section 498A IPC. The court held that since the appellant died during the pendency of the petition and his near relatives did not come on record to prosecute the appeal or revision, the petition abated under Section 394 CrPC and the principles laid down in Pazhani v. State of Kerala.

What did the court decide?

The revision petition is dismissed as abated.

Druvan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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TUESDAY, THE 10^TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945

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CRL.REV.PET NO. 83 OF 2011

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AGAINST THE JUDGMENT CC 100/2003 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS -I,KOZHIKODE

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CRA 956/2008 OF SPECIAL ADDITIONAL DISTRICT COURT (FOR MARADU

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CASES) KOZHIKODE

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REVISION PETITIONER/APPELLANT/ACCUSED:

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DRUVAN, S/O.SAMIKUTTY, RADHA MANDIR, PUTHIYA VEETIL JOSEPH ROAD, VELLAYIL P.O., KOZHIKODE.

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BY ADV DRUVAN(Party-In-Person)

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RESPONDENT/RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SR PP SMT.SEETHA S

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.REV.PET NO. 83 OF 2011

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ORDER

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The revision petition is filed challenging the judgment passed in Crl.A No.956/2008 by the Court of

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the Special Additional Sessions Judge (Marad Cases) Kozhikode, confirming the conviction and sentence imposed on the revision petitioner in C.C No.100/2003 by the Court of the Judicial First Class Magistrate CourtI, Kozhikode, for the offence under Section 498(A) of the Indian Penal Code.

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When the revision petition came up for consideration on 10.1.2011, this Court had admitted the

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revision petition and stayed the execution of the sentence, subject to the condition that the revision petitioner executes a bond for Rs.10,000/- with two solvent sureties to the satisfaction of the Trial Court.

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When the revision petition came up for hearing on 7.9.2023, this Court ordered notice to the revision

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CRL.REV.PET NO. 83 OF 2011

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petitioner to inform him that his counsel has been elevated as a Judge of this Court and to make alternative arrangements to contest the revision petition. The notice issued by this Court has returned with an endorsement that 'the revision petitioner is no more'.

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A learned counsel representing the erstwhile counsel also submitted that the revision petitioner is no more.

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In Pazhani v. State of Kerala [2017(1) KLT 341 (FB)], a Full Bench of this Court has categorically declared the law that, if during the pendency of an appeal/revision petition, the appellant/revision petitioner/accused dies and there is a sentence of fine imposed on the accused, then the near relatives of the accused have a right to come on record and prosecute the appeal/revision petition. If no such application is filed, then the appeal/revision petition is to be confined to the reecord room.

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CRL.REV.PET NO. 83 OF 2011

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In the instant case, the revision petition is filed in the year 2011. It is informed that the revision petitioner is no more. Although a fine of Rs.3,000/- has been imposed on the revision petitioner with a default sentence to undergo simple imprisonment for a further period of six months, it is reported that the fine amount has not been remitted till date. As the revision petitioner is dead and his near relatives have not come forward till date, I am of the definite view that the revision petition is only to be dismissed as abated.

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Following the principles in Sec.394 of the Code of Criminal Procedure and the law laid down in Pazhani (supra), I hold that the revision petition is to be dismissed as abated.

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Resultantly, the revision petition is dismissed as abated.

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Sd/- C.S.DIAS

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ma/10.10.2023 JUDGE

Druvan v. State of Kerala

Case brief

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What did the court decide?

Druvan v. State of Kerala

Case brief

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What did the court decide?

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