Kerala High Court
Crl.MC/9679/2022 of M J DEVAKI Vs STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTER HIGH COURT OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 CRL.MC NO. 9679 OF 2022 AGAINST THE JUDGMENT IN CRA 507/2008 OF ADDITIONAL DISTRICT & SESSIONS COURT, VADAKARA CRL.REV.PET 79/2009 OF HIGH COURT OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
CRL.MC NO. 9679 OF 2022
AGAINST THE JUDGMENT IN CRA 507/2008 OF ADDITIONAL DISTRICT &
SESSIONS COURT, VADAKARA
CRL.REV.PET 79/2009 OF HIGH COURT OF KERALA
PETITIONER:
M J DEVAKI, AGED 69 YEARS, W/O. C N RAJA,VAISHKH HOUSE, KARIMBA PALAKKAD, PIN – 678597.
BY ADV. SRI.VINOD KUMAR.C
RESPONDENTS:
1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTER, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2RAFEEQUE P V PS/O ALIKOYA, PANDIKASALAVALAPPIL PUTHIYAPURAYIL HOUSE, VADAKARA BEACH, KOZHIKODE DISTRICT, PIN – 673103.
SRI.RENJIT GEORGE, SR.PP
ADV. SRI.C.BHASKARAN FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P. V. KUNHIKRISHNAN, J.--------------------------------------- Crl. M. C No. 9679 of 2022-------------------------------------- Dated this the 30[th] day of December, 2022
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O R D E R
This Criminal Miscellaneous Case is filed for issuingappropriate direction to the Judicial First Class MagistrateCourt-II, Vadakara to consider Annexure-2 payment assufficient compliance of the judgment in Crl.R.P. No. 79/2009and make entries in the file register and allow the petitioner toundergo imprisonment till rising of the Court without insistingfurther payment of fine amount.
2. Heard the counsel for the petitioner and the PublicProsecutor who appeared for the 1[st] respondent. AdvocateSri.C.Bhaskaran appeared for the 2[nd] respondent.
3. The counsel appearing for the 2[nd] respondentsubmits that the entire amount is received. Annexure-2 is thereceipt showing the payment.
4. If that is the case, the trial court can consider the CRL.M.C.NO.9679/2022
matter in the light of the observation of this Court in Beena v.
Balakrishnan Nair(2010 (2) KLT 1017). Therefore, the CriminalMiscellaneous Case is disposed of with the following directions:Miscellaneous Case is disposed of with the following directions:
i. The petitioner and the 2[nd] respondent will appear before theJudicial First Class Magistrate Court-II, Vadakara, within2 weeks. The 2[nd] respondent is free to appear before the trialcourt through counsel also. Judicial First Class Magistrate Court-II, Vadakara, within2 weeks. The 2[nd] respondent is free to appear before the trialcourt through counsel also.
ii. Once the petitioner appear before the Court below along withthe 2[nd] respondent, the court below is free to peruse theoriginal of Annexure-2 and verify with the 2[nd] respondentabout the genuineness of the same.the 2[nd] respondent, the court below is free to peruse theoriginal of Annexure-2 and verify with the 2[nd] respondentabout the genuineness of the same.
iii.After verifying the facts from the 2[nd] respondent, the trialcourt will follow the principle laid down by this Court inBeena v. Balakrishnan Nair(2010 (2) KLT 1017).court will follow the principle laid down by this Court inBeena v. Balakrishnan Nair(2010 (2) KLT 1017).
Sd/-
P. V. KUNHIKRISHNAN JUDGEJUDGE
MMG
APPENDIX OF CRL.M.C.NO.9679/2022
PETITIONER'S ANNEXURES:ANNEXURE1JUDGMENT IN CRL RP 79/2009 DT 09.01.2009ANNEXURE2RECEIPT ISSUED BY SECOND RESPONDENT DT31.01.2009