K.Sivaraman v. K.V.Rajendran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY, THE 29TH DAY OF JANUARY 2013/9TH MAGHA 1934 Crl.Rev.Pet.No. 1161 of 2002 ( ) -------------------------------- CRA.259/1999 of THE COURT OF SESSIONS, KOZHIKODE, DATED 19-11-2001 CC.379/1995 of J.M.F.C.-V,KOZHIKODE DATED 15-05-1999 REVISION PETITIONER(S)/APPELLANT/ACCUSED:

----------------------- K.SIVARAMAN SON OF RAMUNNI AGED 60 YEARS THULISSERIPARAMBU,PUTTEKKAD,FEROKE P.O.

BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENTS/RESPONDENTS/COMPLAINANT(S):

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1. K.V.RAJENDRAN, S/O. APPU NAIR, VALANCHERI HOUSE,FEROKE P.O.

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

BY PUBLIC PROSECUTOR ADV.SMT.M.T.SHEEBA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami/

V.K.MOHANAN, J.

------------------------------- Crl.R.P.No.1161 of 2002 ------------------------------- Dated this the 29th day of January, 2013.

O R D E R

Learned counsel for the petitioner submitted that, a copy of the memorandum of the revision petition was served on the learned Public Prosecutor and thereby the defect is cured. Though the above revision petition was admitted as early as on 2.9.2002, the Registry has reported that the revision petition is defective as service of notice on R1 is not complete. Thus, after 10 years from the date of filing of the revision petition, the revision petition is still continuing in the defect list. The counsel for the petitioner submitted that, this revision is preferred against an IPC offence. The above submission shows that the counsel is not aware of the contents of the revision petition itself, which means, he is not interested in prosecuting this matter. Accordingly, this revision petition is dismissed for non prosecution.

Sd/- V.K.MOHANAN, Judge ami/ //True copy// P.A. to Judge