Dhanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Crl.Rev.Pet.No. 2709 of 2003 ( ) --------------------------------- AGAINST THE JUDGMENT IN CRL.A.NO.193/1996 of SESSIONS COURT,THODUPUZHA AGAINST THE JUDGMENT IN C.C.NO.392/1993 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I , THODUPUZHA REVISION PETITIONER(S)/1ST APPELLANT/1ST ACCUSED: ----------------------------------------------------------------------------------- DHANAN, S/O.MADHAVAN, NIRAVATHU HOUSE, KOTTAKAVALA BHAGOM UDUMBANNOOR VILLAGE, THODUPUZHA TALUK BY ADVS.SRI.T.I.ABDUL SALAM SRI.P.CHANDY JOSEPH RESPONDENT(S)/RESPONDENTS/STATE/COMPLAINANT:

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

FOREST RANGE OFFICER, THODUPUZHA BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH.

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06-082015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bb

RAJA VIJAYARAGHAVAN V, J.

-------------------------------------------------------- Crl.R.P.No.2709 of 2003 -------------------------------------------------------- Dated this the 06th day of August, 2015

O R D E R

In this Criminal Revision Petition filed under section 401 of the Code of Criminal Procedure, the petitioner who is the first accused in C.C.No.392/1993 on the files of the Judicial First Class Magistrate Court - I, Thodupuzha challenges the conviction under section 27(1)(e)(iii) and (iv) of The Kerala Forest Act. As per the Judgment impugned of the trial court, the petitioner was convicted and sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months under section 27(1)(e)(iii) of The Kerala Forest Act. Though an appeal was preferred as Crl.A.No.193/1996, the same was dismissed confirming the findings rendered by the learned magistrate.

2.

When the matter came up for hearing, it is submitted that the petitioner, accused No.1 has already undergone the sentence and therefore, the revision petition has become infructuous.

Crl.R.P.No.2709 of 2003 : 2 :

In view of the said submission made by the learned counsel Adv.Shri P. Chandy Joseph, the revision petition is dismissed as withdrawn.

Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.

Bb [True copy] P.A to Judge