Kannan A v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 UNNUMB.Crl.Rev.Pet.of 2013 (ZCRRP NO.3846 of 2013) ----------------------------------- AGAINST THE JUDGMENT IN CRA 192/2012 of COURT OF ADDITIONAL SESSIONS JUDGE (ADHOC-I), ERNAKULAM DATED 20-10-2012 AGAINST THE JUDGMENT IN CC 3171/2010 of COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I,KOCHI DATED 31-01-2012 REVISION PETITIONER/APPELLANT/ACCUSED:
-------------------------------------------------- KANNAN A, AGED 47 YEARS S/O.ARUNACHALAM PILLAI, RESIDINGAT 10/308, AMARAVATHY, FORT KOCHI P.O., KOCHI - 682 001.
BY ADVS.SRI.T.PRAVEEN SRI.PRAKASH KESAVAN RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
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1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA ERNAKULAM - 682 031.
2. K.M.JOSEPH, S/.K.C.MATHEW, NO.255, 5TH FLOOR, 2ND BLOCK JALVAYU TOWER APARTMENTS, BEHIND NGEF FACTORY NGEF LAY OUT SADANANDA NAGAR, BANGALORE.
R2 BY ADV. SRI.M.V.SABU R1 BY PUBLIC PROSECUTOR SRI.N.SURESH THIS UNNUMBERED CRIMINAL REVISION PETITION HAVING COME UP FOR ORDERS ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.T.RAVIKUMAR, J.
--------------------------------- Unnumbered Crl.R.P. of 2013 (ZCRRP No.3846 of 2013) & Crl.M.A.No.3846 of 2013 ------------------------------- Dated 2nd March, 2015
ORDER
Crl.M.A.No.3846 of 2013 This revision petition is sought to be registered against the judgment dated 20.10.2012 in Crl.A.No.192 of 2012 of the Court of Additional Sessions Judge (Adhoc-I), Ernakulam with a delay of 98 days. Crl.M.A.No.3846 of 2013 has been filed to condone the said delay of 98 days in filing the revision petition. Notice was ordered as early as on 4.6.2013. Subsequently, on 2.7.2013 this Court passed an order condoning the delay conditionally requiring the petitioner to pay an amount of 3000/- to the second respondent within a period ₹ of one week from 2.7.2013. Subsequently, when this matter came up for consideration on 23.2.2015 in the defect list there was no representation for the petitioner. However, this Court passed an order requiring the learned counsel for the petitioner to ascertain and submit as to whether the condition in the order dated 2.7.2013 was complied with or not. It is for that purpose the case was ordered to be posted to 2.3.2015. Even when this matter is taken up for
ZCRRP.3846/2013 consideration today there is no representation for the revision petitioner and it is a fact that the cost directed to be paid to the 2nd respondent is still remained unpaid. In the said circumstances, Crl.M.A.No.3846 of 2013 for condoning the delay of 98 days in filing the revision petition is dismissed.
Unnumbered Crl.R.P. of 2013(ZCRRP No.3846 of 2013 ) Consequent to the dismissal of the petition for condoning the delay this revision petition, which is yet to be admitted, is rejected. Sd/- C.T.RAVIKUMAR Judge TKS