IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Crl.MC.No. 2317 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.913/2011 CC.488/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): --------------- JOY PRAKASH, S/O.PRAKASHAN, RESIDING AT KOMMATTIKULAM VAYAL, B.G.ROAD, WEST HILL P.O., KOZHIKODE TALUK. BY ADV. SRI.C.ARUN PRASANTH SRI.A.S.BRIJESH SMT.ROOPA RAMACHANDRAN RESPONDENT(S): --------------- 1. S.PUSHPA, D/O.FREDDY, POKKERTHODI PARAMBA, KACHERI AMSOM, KURUMBAKATTUSSERI DESOM, WEST HILL P.O., KOZHIKODE TALUK. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.R.DHANIL FOR R-2 PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2317 of 2011() 2 PETITIONERS EXHIBITS: ANNEXURE A1- TRUE COPY OF JUDGMENT DATED 30.3.2011 IN CRL.REV.P.NO.913 OF 2011 PASSED BY THIS HON'BLE COURT ANNEXURE A2- AFFIDAVIT DATED 16.7.2011 SWORN BY THE RESPONDENT RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE V.K.MOHANAN, J. ------------------------------------ Crl.M.C.NO. 2317of 2011 ---------------------------------------- Dated this the 29th day of July, 2011 O R D E R The prayer in this M.C. for a direction, directing the Judicial First Class Magistrate-IV, Kozhikkode to drop all further proceedings against the petitioner/accused in C.C.No.488/07 of that court. 2. This court by order dated 30.3.2011 in Crl.R.P.No.913/2011 while disposing the same, confirmed the conviction recorded against the petitioner both by the trial court as well as by the appellate court. But at the same time, the substantial sentence is reduced and instead of compensation, directed him to pay fine as fixed and accordingly, time was also granted for compliance of the above order of this Court. It is after the disposal of the above revision petition, the petitioner preferred the M.C., which according to me, is not maintainable. 3. Following the guidelines issued by a Division Bench of this Court by its order dated 26.5.2011 in Crl.M.C.No.2317 of 2011 2 Crl.M.A.No.12247/2010 in Crl.R.P.No.1629/2010 and other connected cases, this Court by a common order dated 13.7.2011 in Crl.M.A.No.6065/2011 in Crl.R.P.No.3174/2011, Crl.M.A.No.3889/2011 in Crl.R.P.No.861/ 2011 and Crl.M.A.No.4656/2011 in Crl.R.P.No.542/2011, enlarged the time stipulated therein and granted one month time from the date of that order, as a last chance, to comply with the direction connected with the sentence and order for compensation/fine in those such disposed revision petitions. As the facts and circumstances and reliefs sought for in this petition are identical to those cases, I am of the view that in this petition also, the petitioner is entitled to get similar treatment and accordingly, the time fixed in the order in the above Crl.R.P. can be enlarged and the petitioner can be granted one month time from today, as a last chance, to comply with the direction with respect to the sentence imposed while disposing of the Criminal Revision Petition In the result, this petition is disposed of with a Crl.M.C.No.2317 of 2011 2 direction to the trial court concerned that in case the petitioner approaches the trial court within one month from today, as a last chance, to comply with the direction regarding sentence viz., either for serving the sentence/modified sentence or for depositing the fine/compensation, as the case may be, he shall be permitted for the same treating the same as compliance of the direction contained in the above disposed Crl.R.P. The coercive steps, if any already taken, shall be kept in abeyance till 29.8.2011. V.K.MOHANAN, JUDGE pm