IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 CRL.A.No. 1346 of 2008() ------------------------ CRA.181/2007 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM CC.1040/2004 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... APPELLANT: ----------- M/S. METROPOLI OVERSEAS LTD. 2, BBD BAG, (EAST), CALCUTTA PIN 700 001 CALCUTTA, REP. BY ITS DIRECTOR AMARNATH SINGH, S/O. LATE RAM KEWAL SINGH AGED 38 YEARS, RESIDING AT 51/9B L SAHA ROAD, KOLKATA 700 053. BY ADV. SRI.JOSE CYRIAC RESPONDENTS: ------------- 1. KUTTIYANICKAL RUBBERS PVT. LTD. BUILDING NO.1/90, MUNDAKAYAM KOTTAYAM, REP. BY ITS ACCOUNTS MANAGER GEORGE THOMAS. 2. STATE OF KERALA, REP. BY ITS HOME SECRETARY THROUGH THE PUBLIC PROSECUTOR, KOTTAYAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 1346 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2008 JUDGMENT This appeal has come to this Court from the Sessions Court, Kottayam as per order dt. 7.11.2007 in Crl.M.A. 11742 of 2007 in Crl.A. 1355 of 2007. The appeal was pending before the Sessions Court, Kottayam as appeal 181 of 2007. The learned counsel for the appellant submits that it was absolutely not necessary to call for the appeal against conviction from the Sessions Court to this Court merely because appeal against acquittal of some co-accused had been admitted before this Court. The counsel prays that the appeal against conviction may be sent back to the Court below so that the appellant/accused does not lose his right to get the appeal decided by the Sessions Court and to prefer a revision, if necessary, before this Court. 2. I have heard the counsel for the appellant/accused and the respondent/complainant. I am satisfied that there is substance in the objections raised by the counsel for the appellant. At the Crl.A.No. 1346 of 2008 2 same time, I find merit in the submission of the learned counsel for the respondent/complainant that in this very old matter there may be a direction for expeditious disposal of the appeal by the Sessions Court. 3. I am satisfied, in these circumstances, that this appeal can be sent back to the court below with appropriate directions. 4. In the result: a) This appeal is sent back to the Sessions Court, Kottayam with directions to the Principal Sessions Judge, Kottayam to take up the matter for hearing and disposal as expeditiously as possible, at any rate, within a period of one month from 25.8.2008. (b) The appellant/accused and the respondent/complainant shall appear before the learned Principal Sessions Court on 28.8.2008. They shall get ready for arguments on that day. On that day or on the immediately following dates, at any rate by 25.9.08 the learned Sessions Judge shall dispose of the appeal itself. Compliance shall be reported to this Court. Crl.A.No. 1346 of 2008 3 5. Hand over copy of the order to the learned counsel for the respondent/complainant for immediate production before the Sessions Court. (R. BASANT) tm Judge