IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Crl.Rev.Pet.No. 1699 of 2009() ------------------------------ CC.54/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... REVN. PETITIONER(S): PW2 ------------------------ MOIDEEN, S/O.MOOSA, VATTAKUNI, CHERANDATHUR P.O., PONMENI VIA. MANIYOOR, VADAKARA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ACCUSED AND STATE -------------------------------- 1. BASHEER, S/O.MOIDEEN, ATTUPURATH HOUSE, CHERANDATHUR. 2. LATHEEF, S/O.MOIDU, NEELIYEDATH HOUSE, CHERANDATHUR. 3. SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R3 AND R4 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1699 of 2009 -------------------------------------- Dated this the 23rd day of June, 2009. ORDER This revision is in challenge of acquittal of respondent No.1/accused No.2 in C.C.No.54 of 2007 of the court of learned Judicial Magistrate of First Class, Payyoli. Accused No.2, along with accused No.1 was tried for offences punishable under Sections 323 and 324 read with Section 34 of the Indian Penal Code (for short, “the Code”). Learned magistrate found accused No.1 guilty of offences punishable under Section 324 of the Code and sentenced him to undergo imprisonment and payment of fine. Respondent No.1/accused No.2 was acquitted of charges against him. That acquittal is under challenge in this revision. 2. Learned counsel submitted that accused No.1 has challenged his conviction and sentence before learned Sessions Judge, Kozhikode in Crl.AppealNo.232 of 2007 and that appeal is pending consideration in the court of learned Sessions Judge. 3. Since the appeal against conviction and sentence of accused No.1 is pending consideration before learned Sessions Judge, proper course is to make over this revision to that court for consideration along with Crl.Appeal No.232 of 2007. Crl.R.P.No.1699/2009 2 Accordingly this revision is made over to Sessions Court, Kozhikode for consideration along with Crl.Appeal No.232 of 2007. Parties hereto shall appear in that court on 30.7.2009. Registry shall transmit this revision to the Sessions Court, Kozhikode forthwith. THOMAS P.JOSEPH, Judge. cks