Nowshad vs the State of Kerala

Nowshad vs The State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2023

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https://sooperkanoon.com/case/1346738

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Citation: sooperkanoon.com/1346738
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: May 31, 2023
Case Number: Crl.Rev.Pet/2296/2004

Parties & Advocates

Appellant / Petitioner

Nowshad

Respondent

The State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 31st day of may 2023 / 10th jyaishta, 1945 crl.rev.pet no. 2296 of 2004 against the judgment in cr.a.no.359/2003 of additional district court (adhoc), ernakulam in c.c.no.511/1999 of additional chief judicial magistrate, ernakulam revision petitioner/appellant/3rd accused: nowshad s/o makkarukutty hameed, thottunkal house, unichira, edappally p.o., ernakulam. by advs. sri.k.a.jaleel sri.c.anilkumar kallesseril respondent/complainant: the state of kerala rep. by inspector rpf ernakulam in crime no.2/98,, rep. by the public prosecutor, high court of, kerala, ernakulam. by adv sreeja v public prosecutor this criminal revision petition having come up for admission on 31.05.2023, the court on the same day delivered the following:bechu kurian thomas, j.==================== ===================== dated this the 31stday of may, 2023orderrevision petitioner was the accused in c.c.no.511/1999 on the files of the additional chief judicial magistrate court, ernakulam. he was convicted for the offence under section 3(a) of the railway property (unlawful possession act), and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of rs.5,000/. on appeal to the sessions court as crl.a.no.359/2003, the learned sessions judge by judgment dated 07.06.2004, dismissed the appeal and confirmed the conviction and sentence. since it was submitted that the revision petitioner had expired and that fine amount of rs.5,000/- paid by him as early as on 06.10.2004, nothing further survives for consideration in this revision petition. therefore, this revision petition has become infructuous and the same is dismissed. sd/- bechu kurian thomas judge jka/31.05.23.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 CRL.REV.PET NO. 2296 OF 2004 AGAINST THE JUDGMENT IN CR.A.NO.359/2003 OF ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM IN C.C.NO.511/1999 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM REVISION PETITIONER/APPELLANT/3RD ACCUSED: NOWSHAD S/O MAKKARUKUTTY HAMEED, THOTTUNKAL HOUSE, UNICHIRA, EDAPPALLY P.O., ERNAKULAM. BY ADVS. SRI.K.A.JALEEL SRI.C.ANILKUMAR KALLESSERIL RESPONDENT/COMPLAINANT: THE STATE OF KERALA REP. BY INSPECTOR RPF ERNAKULAM IN CRIME NO.2/98,, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF, KERALA, ERNAKULAM. BY ADV SREEJA V PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
==================== ===================== Dated this the 31stday of May, 2023

ORDER

Revision petitioner was the accused in C.C.No.511/1999 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam. He was convicted for the offence under Section 3(a) of the Railway Property (Unlawful Possession Act), and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/. On appeal to the Sessions Court as Crl.A.No.359/2003, the learned Sessions Judge by judgment dated 07.06.2004, dismissed the appeal and confirmed the conviction and sentence. Since it was submitted that the revision petitioner had expired and that fine amount of Rs.5,000/- paid by him as early as on 06.10.2004, nothing further survives for consideration in this revision petition. Therefore, this revision petition has become infructuous and the same is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE jka/31.05.23.

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