Dinesan vs the State of Kerala

Dinesan vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 21, 2023

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Citation: sooperkanoon.com/1345765
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Aug 21, 2023
Case Number: Crl.Rev.Pet/434/2005

Parties & Advocates

Appellant / Petitioner

Dinesan

Respondent

The State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas monday, the 21st day of august 2023 / 30th sravana, 1945 cc 17/1996 of judicial magistrate of first class, vaikom cra 592/2003 of sessions court, kottayamrevision petitioner/ defacto complainant : dinesan, s/o.krishnan, thacharayil house, thalayolaparambu, vaikom, by adv sri.p.chandrasekhar respondents/ state/ accused : 1 the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam. 2 raveendran, s/o. krishnankutty, krishna vilasam veedu, thalayolaparambu p.o., vadayar village, by sri.noushad k.a., public prosecutor by sri.nireesh mathew this criminal revision petition having come up for admission on 21.08.2023, the court on the same day delivered the following :bechu kurian thomas, j.=-=-=-=-=-=-=-=-=-=-=-=-= crl.r.p.no.434 of 2005 -=-=-=-=-=-=-=-=-=-=-=-= dated this the 21st day of august, 2023orderthe revision petitioner was the defacto complainant in c.c.no.17 of 1996 on the files of the judicial first class magistrate's court, vaikom. the accused was convicted for the offence under section 324 of the indian penal code, 1860. in the appeal preferred as crl.a.no.592 of 2003, the conviction and sentence was set aside. the defacto complainant has thus preferred this revision petition, challenging the acquittal.2. it is submitted by the learned counsel for the 2 nd respondent andon verification by the learned public prosecutor that on 01.10.2016 itself, the defacto complainant had died. none of the legal heirs have impleaded themselves in this revision petition till date. in these circumstances, it is evident that the legal heirs do not wish to prosecute this matter further. the revision petition has thus abated. hence, this criminal revision petition is dismissed as abated. sd/- bechu kurian thomas, judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 CC 17/1996 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VAIKOM CRA 592/2003 OF SESSIONS COURT, KOTTAYAM
REVISION PETITIONER/ DEFACTO COMPLAINANT : DINESAN, S/O.KRISHNAN, THACHARAYIL HOUSE, THALAYOLAPARAMBU, VAIKOM, BY ADV SRI.P.CHANDRASEKHAR RESPONDENTS/ STATE/ ACCUSED : 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 RAVEENDRAN, S/O. KRISHNANKUTTY, KRISHNA VILASAM VEEDU, THALAYOLAPARAMBU P.O., VADAYAR VILLAGE, BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR BY SRI.NIREESH MATHEW THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No.434 of 2005 -=-=-=-=-=-=-=-=-=-=-=-= Dated this the 21st day of August, 2023

ORDER

The revision petitioner was the defacto complainant in C.C.No.17 of 1996 on the files of the Judicial First Class Magistrate's Court, Vaikom. The accused was convicted for the offence under Section 324 of the Indian Penal Code, 1860. In the appeal preferred as Crl.A.No.592 of 2003, the conviction and sentence was set aside. The defacto complainant has thus preferred this revision petition, challenging the acquittal.

2. It is submitted by the learned counsel for the 2 nd respondent and

on verification by the learned Public Prosecutor that on 01.10.2016 itself, the defacto complainant had died. None of the legal heirs have impleaded themselves in this revision petition till date. In these circumstances, it is evident that the legal heirs do not wish to prosecute this matter further. The revision petition has thus abated. Hence, this criminal revision petition is dismissed as abated. Sd/- BECHU KURIAN THOMAS, JUDGE RKM

Same Court & Year Kerala Orders · 2023 Same Parties Dinesan vs The State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas