High Court of KeralaCRL.A/463/2007allowed

Thulaseedharan v. Simon And Another

2015-09-17Honourable Mr.Justice V.G.Arun2 pages

Crl.M.Appl/1/2020 IN CRL.A 463/2007 1 / 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Present:

THE HONOURABLE MR. JUSTICE K.HARIPAL Tuesday,the 2 nd day of March 2021/11 th Phalguna, 1942 Crl.M.Appl/1/2020 IN CRL.A/463/2007 For information purpose only CRA No.18/2003 of the ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM PETITIONER/ 1ST RESPONDENT SIMON, S/O. DANIEL, MALLASSERI VILLA (WRONGLY SHOWN AS MULLASSERI VEEDU), OTTAKKAL, URUKUNNU P.O., EDAMON, KOLLAM-691 307. RESPONDENTS/APPELLANT AND THE 2ND RESPONDENT

1. THULASEEDHARAN, S/O. ARAVINDAN, NISHABHAVAN, OTTAKKAL, THENMALA, PATHANAPURAM TALUK.

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

Application praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to recall the judgment dated 17-09-2015 in the above appeal.

This application coming on for orders upon perusing the application and the affidavit filed in support thereof, and this court's judgment dated 17/09/2015 and upon hearing the arguments of M/S SUBHASH CYRIAC and SHEEBA JOSEPH, Advocates for the petitioner in Crl.M.A/1st respondent in Crl. Appeal and PUBLIC PROSECUTOR for 2nd respondet in Crl.M.A/ Crl.Appeal, and ADVOCATE SRI.C.RAJENDRAN FOR R1the court passed the following (P T O)

Crl.M.Appl/1/2020 IN CRL.A 463/2007 2 / 2 K. HARIPAL, J.

--------------------------- Crl.M.Appl 1 of 2020 in CRL.A No.463 of 2007 ---------------------------- Dated this the 2 nd day of March 2021 For information purpose only

O R D E R

No representation for the appellant / first respondent. Issue notice to the first respondent by speed post. Also call for a report from the Registrar (Judicial) with regard to the averments made in the affidavit that when the matter was listed for hearing on 17.09.2015, the name of the counsel for the first respondent was not mentioned in the cause list.

Call on 17.03.2021. Meanwhile, the execution of the warrant will stand stayed.

K. HARIPAL JUDGE Jms /true copy/ Sd/- ASSISTANT REGISTRAR