IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.Rev.Pet.No. 2081 of 2008() ------------------------------ CRA.397/2004 of SESSIONS COURT, MANJERI CC.66/2000 of 2000 OF J.F.C.M.I, PERINTHALMANNA .................... REVN. PETITIONER: APPELLANT/ACCUSED; ------------------------------------ NELLISSERY ABDUL BASHEER, AGED 37 S/O.ABU PUZHAKKATTIRI, RAMAPURAM, KOLATHUR, PERINTHALMANNA. BY ADV. SRI.K.A.HASSAN RESPONDENTS: RESPONDENT/COMPLAINANT: ------------------------------------ STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2081 of 2008 * * * * * * * * * * * * * * * * * * Dated: 06-08-2008 ORDER A non-bailable warrant for arrest of the petitioner has forced the petitioner to this Court with the present revision. The petitioner was one of the accused in Crime No. 133 of 1994 of Kolathur Police Station for offences punishable under Sections 323and 324 read with Sec. 34 I.P.C. 2. The case against the petitioner was registered as C.C. No. 66 of 2000 on the file of the J.F.C.M. I, Perinthalmanna. After trial as per judgment dated 24-07-2004 the revision petitioner was convicted and sentenced to rigorous imprisonment for two years under Sec. 324 and to pay fine of R. 1,000/- and on default to pay the fine to suffer rigorous imprisonment for three months under Sec. 324 I.P.C. No sentence was imposed on him for the conviction under Sec. 323 I.P.C. Going by the report dated 30-7- 2008 from the J.F.C.M.I, Perinthalmanna addressed to the -:2:- Registrar of this Court it is seen that on 24-07-2004 itself he was committed to the Central Prison, Coimbatore as per a warrant issued under Sec. 448 Cr.P.C. Subsequently, as per letter dated 28-7-2008 of the Superintendent of Prisons, Central Prison, Comibatore it was reported to the trial court that the revision petitioner had served the sentence of imprisonment for two years and had also undergone the default sentence of imprisonment for three months in lieu of the fine amount of Rs. 1,000/-. The revision petitioner had filed an appeal against the conviction entered and the sentence passed by the trial court as Crl. Appeal No. 397/2004 before the Sessions Court, Manjeri. The said appeal was finally dismissed on 19-3-2008 by the Addl. Sessions Judge (Adhoc-I), Manjeri. It was on receipt of the appellate judgment that the learned Magistrate issued non- bailable warrant of arrest against the petitioner. Actually, the petitioner had served out the full sentence of imprisonment as well as the default sentence in lieu of the fine amount. It is true -:3:- that the warrant under Sec. 448 Cr.P.C. was not returned by the Superintendent of Central Prison, Coimbatore under Sec. 436 Cr.P.C. However, the letter dated 28-07-2008 from the Superintendent of Central Prison, Coimbatore addressed to the trial Magistrate clearly showed that the petitioner served out the sentence imposed in this case. If so, the arrest warrant issued against the petitioner was uncalled for and it shall stand recalled. This Revision is disposed of as above. Dated this the 5 th day of August 2008. V. RAMKUMAR, (JUDGE) ani. -:4:- -:5:- V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2081 of 2008 * * * * * * * * * * * * * * * * * * Dated: 23rd day of July 2008 Registry shall ascertain from the J.F.C.M. I, Perinthalmanna as to whether the accused (Nellissery Abdul Basheer) in C.C. No. 66 of 2000 (Crime No. 133 of 1994 of Kolathur Police Station) was committed to the prison as per a warrant issued under Sec. 418 Cr.P.C. and whether he has served the sentence of imprisonment for two years and has paid the fine amount of Rs. 1,000/- and whether the jail authorities have returned the warrant under Sec. 430 Cr.P.C. duly endorsed to the effect that the sentence has been fully executed. The Registry shall also call for the relevant records from the Magistrate's Court in this connection. -:6:- V. RAMKUMAR, (JUDGE) Interim order granted on 8-7-2008 shall stand extended for a period of two weeks from today. Post the Crl. R.P. for hearing on admission after ten days. V. RAMKUMAR, (JUDGE) ani.