IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2776 of 2010(Q) ------------------------- CRRP.98/2009 of DISTRICT COURT, PALAKKAD CMP.1160/2008 of J.M.F.C., MANNARKAD .................... PETITIONER(S): --------------- MUHAMMED ALI, S/O.CHALIYAN ABU AGED 37 YEARS, RESIDING AT CHALIYAN HOUSE, THIRUVIZHAMKUNNU, THIRUVIZHAMKUNNU POST, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM. 2. KUTTIKKODAN IBRAHIM ALIAS RAYIPPU AGED 50 YEARS, S/O.MOOSA, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 3. KUTTIKKODAN HAKKIM, AGED 32 YEARS, S/O.IBRAHIM ALIAS RAYIPPU, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU P.O., MANNARKKAD TALUK. 4. KUTTIKKODAN ALAVI, AGED 40 YEARS, S/O.KUNJAYAMU, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 5. KUTTIKKODAN ASHRAF, AGED 29 YEARS, S/O.IBRAHIM ALIAS RAYIPP, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 6. KALATHIL HAMZAPPA, AGED 30 YEARS, S/O.KUNJIPPA, RESIDING AT KALATHIL HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. WPC 2776/2010 -2- 7. POOKODAN FAISAL, AGED 25 YEARS, S/O.MUHAMMED, RESIDING AT POOKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 8. KUTTIKKODAN JAMEELA, AGED 38 YEARS, D/O.KUTTIKKODAN KUNJAYAMU, RESIDING AT KUTTIKKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 9. KUTTIKADAN SHAJI ALIAS RAYIPPU, AGED 26 YEARS, S/O.IBRAHIM ALIAS RAYIPPU, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 10. THEKKAN SIAFUDHEEN, AGED 32 YEARS, S/O.MAMMU ALIAS BAPPUTTY, RESIDING AT THEKKAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 11. KALATHIL MHAMMED ALIAS BAPPU, AGED 56 YEARS, S/O.KUJAHAMMED, RESIDING AT KALATHIL HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 12. KUTTIKADAN RASHEED, AGED 32 YEARS, S/O.KUNJAYAMU, RESIDING AT KUTTIKKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 13. KUTTIKADAN SUHARA AGED 35 YEARS, W/O.KUTTIKODAN ALAVI, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. GP SRI.NAZAR S U THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WPC No.2776 of 2010 ------------------------------------- Dated 28th January 2010 Judgment This is a petition filed under Article 227 of the Constitution of India, seeking to quash the order passed by the Sessions Court, Palakkad in Crl.M.P.No.3540/09 in Crl.R.P No.98 of 2009. 2. The petitioner says that the Court below was not justified in granting interim stay as has been done now. He submits that due to the stay now granted by the revisional court, the entire proceedings are stayed and that has caused prejudice to him. In fact, he submits, the revision was not maintainable as such. 3. Whatever that be, now that the Sessions Court has entertained the revision and granted stay, it will be only appropriate to direct the Court to dispose of the revision at earliest. CR MC NO.2776/10 2 Accordingly, the Writ Petition is disposed of, directing the Sessions Court to consider and dispose of the revision in accordance with law as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this Judgment, taking into consideration, the various contentions raised by the petitioner, including the one regarding maintainability of the revision. P.BHAVADASAN, JUDGE sta CR MC NO.2776/10 3