IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 CRL.A.No. 578 of 2002() ----------------------- ST.218/1996 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... APPELLANT(S): COMPLAINANT ------------------------- EXCISE INSPECTOR,KURAVILANGAD REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. P.A. SALIM RESPONDENT(S): ACCUSED ---------------------- MADHUSOODHANAN @ KANNAN, S/O. RAMACHANDRAN NAIR, CHEMPAKATHIL, MATTAKKARA KARA, AKALAKUNNAM, KOTTAYAM. ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R SRI.M.J.THOMAS THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. K. HEMA, J --------------------------- Crl.Appeal.No. 578 OF 2002 ----------------------------------- Dated 1st June, 2011 O R D E R Heard. Learned Public Prosecutor fairly pointed out that this appeal is filed by State challenging the inadequacy of sentence under section 377 of Code of Criminal Procedure. An appeal against inadequacy of sentence passed by Magistrate will lie only before Court of sessions as per section 377(1)(a) of Cr.P.C. But by mistake this appeal is filed before this court, hence it may be returned, it is submitted. Return this appeal for presentation before the appropriate forum. Sd/- K. HEMA, JUDGE. Sou. // True copy // P.A. to Judge.