K.V.Mohammed Shafi v. Mohammed Basheer
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.4020 OF 2013) --------------------------------------- AGAINST THE JUDGMENT IN CRA 32/2006 of THE COURT OF ADDL. DISTRICT & SESSIONS JUDGE, MANJERI DATED 08-05-2007 AGAINST THE JUDGMENT IN CC 954/2002 of THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, TIRUR DATED 19.12.2005 REVISION PETITIONER/APPELLANT/ACCUSED:
-------------------------------------------------- K.V.MOHAMMED SHAFI S/O.KUNCHIKMOIDEEN, KULANGARA VEETTIL, MUTTANNOOR NEAR EDAKANAD MOSQUE, TIRUR TALUK.
BY ADVS.SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT(S)/RESPONDENT/COMPLAINANT&STATE:
-------------------------------------------------------------
1. MOHAMMED BASHEER S/O.K.S.MAMMI, KAINIKKARA HOUSE, SALEENA MANZIL GOODSHED ROAD, TIRUR.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM - 682 031.
R1 BY ADV. SRI.C.M.MOHAMMED IQUABAL R2 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.4020 of 2013) & Crl.M.A.No.4020 of 2013 ------------------------------- nd March, 2015 Dated 2
ORDER
Crl.M.A.No.4020 of 2013 This revision petition is sought to be registered against the judgment dated 8.5.2007 in Crl.A.No.32 of 2006 of the Court of Additional Sessions Judge, Manjeri with a long delay of 2065 days. Crl.M.A.No.4020 of 2013 has been filed to condone the said delay of 2065 days in filing the revision petition. Though the delay is inordinate, inasmuch as, the delay of 2065 days in filing the revision petition, this Court reluctantly passed an order on 25.7.2013 to condone the delay on condition that the petitioner pays an amount of 5000/- either to the first respondent or to the counsel for the first ₹ respondent within one week from 25.7.2013. The learned counsel appearing for the first respondent submitted that the said conditional order dated 25.7.2013 has not been complied with. Earlier, when this matter came up before the Bench on 23.2.2015 this Court passed the following order:-
(ZCRRP No.4020 of 2013) "Learned counsel for the petitioner shall ascertain and submit as to whether the condition in the order dated 25.7.13 has been complied with by the petitioner." The learned counsel for the petitioner submitted that though the petitioner was intimated about the order dated 25.7.2013 and asked to turn up for complying with the directions in the order dated 25.7.2013 through registered post he has not responded to the same. In fact, the petitioner has failed to comply with the direction in the conditional order passed by this Court on 25.7.2013 in the matter of condonation of delay. Hence, this application to condone the delay of 2065 days in filing the revision petition is liable to be dismissed. Hence, it is dismissed. Unnumbered Crl.R.P. of 2013(ZCRRP No.4020 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