IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Crl.Rev.Pet.No. 792 of 2010() ----------------------------- CRA.1/2010 of SESSIONS COURT, KASARAGOD MC.82/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... REVN. PETITIONER(S): --------------------- 1. B.A.ASHRAF, S/O. ABDULRAHMAN, BOVIKANAM, MULIYAR VILLAGE, KASARAGOD. 2. B.MOHAMMED, S/O. ABDULLA, MULIYAR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SESSIONS JUDGE, KASARAGOD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................... Crl.R.P. No. 792 of 2010 ............................................ Dated:25th March, 2010 ORDER The petitioners were the sureties for the accused in C.C. No. 678 of 2004 on the file of the J.F.C.M. I., Kasaragod . Consequent on the absence of the accused before the Magistrate in M.C. 42 of 2008 was registered against the petitioner and in that case the learned Magistrate ordered them to pay penalty of Rs. 7,000/- each. The said order was confirmed in appeal as Crl. Appeal 133 of 2008 on the file of the Sessions Court, Kasaragod. Thereafter the trial Court registered yet another M.C. No.82/2008 against the petitioners for the very same default. Since the petitioner did not appear in the said M.C. the trial Court again imposed a penalty of the said amount of Rs. 7000/-. On appeal preferred by the petitioners before the Sessions Court as Crl.Appeal 1 of 2010 the learned Sessions Judge dismissed the same as time barred. Hence, this Revision. Crl.R.P. No. 792 of 2010 -:2:- 2. This Court had called for the remarks of the trial Court. As per letter dated 17-3-2010 , the J.F.CM. Kasargod has reported that two MCs were registered against the petitioners by mistake. It appears to be so because after the order in M.C. 42/2008 the petitioners had never stood as sureties for the very same accused. This fact is also conformed in the letter of the Magistrate. If so, M.C.82/2002 registered against the petitioners was by mistake. The order dated 17-10-2008 of the trial Court in M.C. 82 of 2008 and the judgment in Crl.A. 1/10 of the Sessions Court, Kasaragod, are accordingly set aside and the proceedings initiated against the petitioners in M.C. 82 of 2008 shall stand dropped. This Revision is allowed as above. V.RAMKUMAR,JUDGE. Crl.R.P. No. 792 of 2010 -:3:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Crl.Rev.Pet.No. 792 of 2010() ----------------------------- CRA.1/2010 of SESSIONS COURT, KASARAGOD MC.82/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... REVN. PETITIONER(S): --------------------- 1. B.A.ASHRAF, S/O. ABDULRAHMAN, BOVIKANAM, MULIYAR VILLAGE, KASARAGOD. 2. B.MOHAMMED, S/O. ABDULLA, MULIYAR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SESSIONS JUDGE, KASARAGOD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE Crl.R.P. No. 792 of 2010 -:4:- FOLLOWING: