State of Kerala vs Ajayan and 2 Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1623971
CourtKerala Orders High Court
Decided OnNov-26-2021
Case NumberCrl.Rev.Pet/1040/2009
JudgeHonourable Dr. Justice Kauser Edappagath
AppellantState of Kerala
RespondentAjayan and 2 Others
Excerpt:
in the high court of kerala at ernakulampresent the honourable dr. justice kauser edappagath friday, the 26th day of november 2021 / 5th agrahayana, 1943 crl.rev.pet no. 1040 of 2009 against the order dated 14.11.2008 in cmp 3558/08 in cc revision petitioner/complainant: state of kerala, represented by state public prosecutor, high court of kerala,, ernakulam. by sri sanal p raj public prosecutor respondents/accused: 1 ajayan, aged 18, s/o viswambharan, residing at flat no.29, chenkalchoola,, secretariat ward, thucaud village. 2 ratheesh aged 19 s/o.maniyan, residing at tc 26/880,, panavila, secretariat ward, thycaud village.3 madhu aged 18 s/o.rajan, residing at tc 50/640,, maruthoorkadavu, kalady ward, manakkad village. this criminal revision petition having been finally heard on 26.11.2021, the court on the same day delivered the following: crl.r.p.no.1040/2009 -:2:-orderdated this the 26th day of november, 2021 this revision petition has been filed challenging the dismissal of an application filed by the state under section 321 of cr.p.c.2. a report has been called for from the learnedmagistrate. the learned magistrate reported that the accused has already been acquitted under section 248(1) of cr.p.c as early as on 9.4.2010. hence, this revision petition has become infructuous. accordingly, this revision petition is dismissed. sd/- dr. kauser edappagath judge kp true copy p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 26TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943 CRL.REV.PET NO. 1040 OF 2009 AGAINST THE ORDER DATED 14.11.2008 IN CMP 3558/08 IN CC REVISION PETITIONER/COMPLAINANT: STATE OF KERALA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM. BY SRI SANAL P RAJ PUBLIC PROSECUTOR RESPONDENTS/ACCUSED: 1 AJAYAN, AGED 18, S/O VISWAMBHARAN, RESIDING AT FLAT NO.29, CHENKALCHOOLA,, SECRETARIAT WARD, THUCAUD VILLAGE. 2 RATHEESH AGED 19 S/O.MANIYAN, RESIDING AT TC 26/880,, PANAVILA, SECRETARIAT WARD, THYCAUD VILLAGE.

3 MADHU AGED 18 S/O.RAJAN, RESIDING AT TC 50/640,, MARUTHOORKADAVU, KALADY WARD, MANAKKAD VILLAGE. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.R.P.No.1040/2009 -:2:-

ORDER

Dated this the 26th day of November, 2021 This revision petition has been filed challenging the dismissal of an application filed by the State under Section 321 of Cr.P.C.

2. A report has been called for from the learned

Magistrate. The learned Magistrate reported that the accused has already been acquitted under Section 248(1) of Cr.P.C as early as on 9.4.2010. Hence, this revision petition has become infructuous. Accordingly, this revision petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge