IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 OP(Crl.).No. 624 of 2010(Q) --------------------------------------- CRMP.1326/2010 of SESSIONS COURT, WAYANAD. .................... PETITIONER: ------------------- K.C. ABDULLA, S/O.MAMMU HAJI, AGED 45 YEARS, KEEZHATTA HOUSE, KANDATHUVAYAL, P.O. VELLAMUNDA, MANANTHAVADY, WAYANAD, REP.BY POWER OF ATTORNEY HOLDER, C.A.KASIM, S/O.ASSAN, AGED 64 YEARS, RASHEED MANZIL, KALATHINGAL, P.O.MANIPURAM, KODUVALLY, KOZHIKODE. BY ADV. SRI.NIRMAL. S., SMT.VEENA HARI. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, WAYANAD. 2. THE REVENUE DIVISIONAL OFFICER, WAYANAD. 3. SAINABA, THAIKANDYKUNIYIL HOUSE, MAKKIYAD POST, KANHIRANGAD AMSOM, MANANTHAVADY TALUK, PIN-670 731. R1 & R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(Crl.).No. 624 of 2010(Q) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TITLE DEED BY WHICH THE PETITIONER PURCHASED THE PROPERTY DATED 25/08/1997. EXT.P2: COPY OF THE NOTICE DATED NIL, NO.2965/2009. EXT.P3: COPY OF THE ORDER DATED 26/8/2009. EXT.P4& P4(a): COPY OF THE REVISION AND THE DEALY PETITION DATED 03/07/2010. EXT.P5: COPY OF THE PETITION DATED 02/08/2010. EXT.P6: COPY OF THE ORDER IN CRL.MP.1326/2010 DATED 30/09/2010. EXT.P7: COPY OF THE ORDER IN CRL.RP.14/2010 DATED 30/09/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs M.Sasidharan Nambiar, J. -------------------------- O.P.(Crl.)No.624 of 2010 Q -------------------------- JUDGMENT Petitioner filed Crl.R.P.No.14/2010 before Sessions Court, Wayanad challenging Exhibit P3 order passed by Revenue Divisional Officer, Mananthavady. Along with the revision, Crl.M.P.No. 1326/2010 was filed to condone the delay in filing the revision. By Exhibit P6 order, the delay petition was dismissed and by Exhibit P7 order, revision was also dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Exhibits P6 and P7 orders. 2. Though notice was served on the third respondent, she did not appear. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Exhibit P3 order was passed purportedly under Section 133 of Code of Criminal Procedure. The facts of Exhibit P3 reveal that it does not OPCR 624/10 2 justify an order under Section 133 of Code of Criminal Procedure, which could be made absolute under Section 138. In such circumstances, in the interest of justice, Sessions Judge, Wayanad should have condoned the delay and considered the revision on merits. Petition is allowed. Exhibit P6 order is quashed. Delay in filing the revision is condoned as sought for in Crl.M.P.No.1326/2010. Crl.R.P.No. 14/2010 is remitted to Sessions Court, Wayanad for disposal, in accordance with law, after hearing the petitioner and the third respondent. 15th December, 2010 (M.Sasidharan Nambiar, Judge) tkv