M J Devaki vs State of Kerala Represented by Public Prosecuter High Court of Kerala

Type Court Judgment Court Kerala Decided Dec 30, 2022

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Citation: sooperkanoon.com/1588980
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Dec 30, 2022
Case Number: Crl.MC/9679/2022

Parties & Advocates

Appellant / Petitioner

M J Devaki

Respondent

State of Kerala Represented by Public Prosecuter High Court of Kerala

Excerpt

.....prosecutor who appeared for the 1st respondent. advocate sri.c.bhaskaran appeared for the 2nd respondent.3. the counsel appearing for the 2nd respondent submits that the entire amount is received. annexure-2 is the receipt showing the payment.4. if that is the case, the trial court can consider thematter in the light of the observation of this court in beena v. balakrishnan nair (2010 (2) klt 1017). therefore, the criminal miscellaneous case is disposed of with the following directions: i. the petitioner and the 2nd respondent will appear before thejudicial first class magistrate court-ii, vadakara, within 2 weeks. the 2nd respondent is free to appear before the trial court through counsel also. ii. once the petitioner appear before the court below along with the 2nd respondent, the court below is free to peruse the original of annexure-2 and verify with the 2 nd respondent about the genuineness of the same. iii.after verifying the facts from the 2 nd respondent, the trial court will follow the principle laid down by this court in beena v. balakrishnan nair (2010 (2) klt 1017).sd/- p. v. kunhikrishnan judge mmg appendix of crl.m.c.no.9679/2022 petitioner's annexures: annexure1 judgment in crl rp 79/2009 dt 09.01.2009 annexure2 receipt issued by second respondent dt 31.01.2009

Full Judgment

IN THE HIGH 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 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: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTER, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 RAFEEQUE P V P S/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 ON 30.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P. V. KUNHIKRISHNAN, J.
--------------------------------------- Crl. M. C No. 9679 of 2022 -------------------------------------- Dated this the 30th day of December, 2022

ORDER

This Criminal Miscellaneous Case is filed for issuing appropriate direction to the Judicial First Class Magistrate Court-II, Vadakara to consider Annexure-2 payment as sufficient compliance of the judgment in Crl.R.P. No. 79/2009 and make entries in the file register and allow the petitioner to undergo imprisonment till rising of the Court without insisting further payment of fine amount.

2. Heard the counsel for the petitioner and the Public Prosecutor who appeared for the 1st respondent. Advocate Sri.C.Bhaskaran appeared for the 2nd respondent.

3. The counsel appearing for the 2nd respondent submits that the entire amount is received. Annexure-2 is the receipt showing the payment.

4. If that is the case, the trial court can consider the

matter in the light of the observation of this Court in Beena v. Balakrishnan Nair (2010 (2) KLT 1017). Therefore, the Criminal Miscellaneous Case is disposed of with the following directions: i. The petitioner and the 2nd respondent will appear before the

Judicial First Class Magistrate Court-II, Vadakara, within 2 weeks. The 2nd respondent is free to appear before the trial court through counsel also. ii. Once the petitioner appear before the Court below along with the 2nd respondent, the court below is free to peruse the original of Annexure-2 and verify with the 2 nd respondent about the genuineness of the same. iii.After verifying the facts from the 2 nd respondent, the trial court will follow the principle laid down by this Court in Beena v. Balakrishnan Nair (2010 (2) KLT 1017).

Sd/- P. V. KUNHIKRISHNAN JUDGE MMG APPENDIX OF CRL.M.C.NO.9679/2022 PETITIONER'S ANNEXURES: ANNEXURE1 JUDGMENT IN CRL RP 79/2009 DT 09.01.2009 ANNEXURE2 RECEIPT ISSUED BY SECOND RESPONDENT DT 31.01.2009

Same Court & Year Kerala · 2022 Same Parties M J Devaki vs State of Kerala Represented by Public Prosecute... Same Judge Honourable Mr. Justice P.V.Kunhikrishnan