Revision Petitioner In ... vs The State Of Kerala on 16 August, 2011

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Kerala High Court

Revision Petitioner In ... vs The State Of Kerala on 16 August, 2011

Bench: B.P.Ray

       

  

  

 
 
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT :

            THE HONOURABLE MR. JUSTICE B.P.RAY

       TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933

                    Crl.MC.No. 764 of 2006()
                    -----------------------------------
    MC.7/2001 of OF SUB DIVISIONAL MAGISTRATE, KASARAGOD .
                    ....................


    PETITIONER(S): REVISION PETITIONER IN CRL.RP.-COUNTER -PETITIONER IN MC.
    ------------------------------------------------------------------------------------------------------------------------

          MOHAMMED KUNHI, S/O.ABDUL RAHIMAN,
          KOLOT, KOLATHUR VILLAGE, KASARAGOD TALUK &
          DISTRICT, P.O.KOLATHUR.

        BY SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE
        BY SRI.K.JAYAKUMAR, SENIOR ADVOCATE
        BY ADV. SRI.P.B.KRISHNAN


    RESPONDENT(S):
    --------------------------

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

       2. V.K.JANARDHANAN, KOLOTH HOUSE,
          KOLATHUR VILLAGE, KASARAGOD TALUK AND
          DISTRICT, P.O.KOLATHUR.

         R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA
        R2 BY ADVS. SRI.M.SASINDRAN,
            SRI.P.V.JAYARAJAN.

    THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
    ON 16/08/2011,             THE COURT ON THE SAME DAY PASSED THE
    FOLLOWING:




tss

CRMC. NO.764/2006

                            APPENDIX

PETITIONER'S ANNEXURES

A:- COPY OF THE CONDITIONAL ORDER IN MC. 7/2001 SUB DIVISIONAL MAGISTRATE,
KASARAGOD AT KANHANGAD. DTD. 7.2.2001.

B:- COPY OF THE STATEMENT FILED BY THE PETITIONER IN MC. 7/2001 DTD. 31.7.2001.

C:- COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE S.D.M. DT.D
27.9.2001.

D:- COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE S.D.M. DTD
19.12.2001.

E:- COPY OF THE ARGUMENT NOTE FILED BY THE PETITIONER BEFORE S.D.M. DTD.
20.5.2002.

F:- CERTIFIED COPY OF THE ORDER OF THE S.D.M. IN MC. 7/2001 DTD. 16.3.2004.

G:- COPY OF THE MEMORANDUM IN CRRP. 18/2004, FILED BEFORE THE SESSIONS
JUDGE, KASARAGOD.

H:- CERTIFIED COPY OF THE ORDER OF THE SESSIONS JUDGE KASARAGOD IN
CRL.RP. 18/2004 DT.D 7.1.2006.


RESPONDENT'S ANNEXURES

       NIL:-


                                                   TRUE COPY


                                                   P.A. TO JUDGE

tss


                             B.P. RAY, J.
                     - - - - - - - - - - - - - - - - -
                   Crl.M.C. No. 764 of 2006
                      - - - - - - - - - - - - - - - -
           Dated this the 16th day of August, 2011.

                              O R D E R

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. The petitioner is the counter petitioner in M.C. No.7 of 2001 on the file of the Sub Divisional Magistrate, Kasaragod at Kanhangad and the revision petitioner in Crl.R.P. No. 18 of 2004 on the file of the Sessions Judge, Kasaragod. I am not inclined to interfere with the impugned orders. It is open to the petitioner, if so advised, to file a properly constituted suit in appropriate civil court and establish his right. It is well settled that the findings of the criminal court are not binding on the civil court.

This Crl.M.C. is disposed of as above.

sd/- B.P. RAY, JUDGE.

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