IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34477 of 2008(D) -------------------------- CC.279/1989 of J.M.F.C.-II, KANNUR .................... PETITIONER(S): --------------- M.HARINDRAN, S/O.ANANDAN, KANJIPURAYIL, ELAYAVOOR. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.34477 of 2008 ------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT Petitioner has been found guilty, convicted and sentenced in a prosecution under Sections 279, 337 and 338 I.P.C. The verdict of guilty and conviction have now become final with the order dated 16.10.01 in Crl.R.P.No.242 of 1994. The sentence has not been executed yet. The petitioner has now come before this Court with a prayer that the execution of the sentence may be kept in abeyance to facilitate a decision on an application filed by him before the State of Kerala to commute the sentence under Section 430 Cr.P.C. 2. I am afraid, the request cannot be accepted. A decision of the Division Bench of this Court in Moideenkoya v. Secretary to Government [2008 (4) KHC 170 (D.B)] has concluded the issue. 3. The government, on getting an application under Section 433 (d) Cr.P.C, must certainly consider the application with expedition. I am not satisfied that any time bound direction deserves to be issued. I am also convinced that it is not W.P(C). No.34477 of 2008 2 necessary, proper or correct to direct that pending consideration and disposal of such application, execution of the sentence must be stayed or kept in abeyance. In Moideenkoya v. Secretary to Government (supra), the very same question was considered by the Division Bench. 4. This Writ Petition is accordingly dismissed, but with the specific observation that the Government must expeditiously consider the application, if any, pending before it under Section 433 (d) Cr.P.C, filed by the petitioner. (R.BASANT, JUDGE) rtr/-