Extracted from the PDF above. The PDF is authoritative.
Crl.M.A.No.2/2025 in Crl.R.P.Nos.301, 304 & 312 of 2025 & Crl.R.P.Nos.301, 304 & 312 of 2025 1 2025:KER:29895 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.REV.PET NO. 301 OF 2025 CRIME NO.894/2010 OF Nilambur Police Station, Malappuram AGAINST THE JUDGMENT DATED 17.11.2015 IN Crl.A NO.321 OF 2012 OF ADDITIONAL SESSIONS COURT - II, MANJERI ARISING OUT OF THE JUDGMENT DATED 30.10.2012 IN CC NO.93 OF 2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR REVISION PETITIONER/APPELLANT/ACCUSED NO.2:
NISAMUDHEEN @ NISAM, AGED 35 YEARS S/O. MOHAMMED, PUTHUKUDI HOUSE, PARAMMAL PUTHOOR, KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY, SAIPOOJA SADIK ISMAYIL, M.MAHIN HAMZA ALWIN JOSEPH, BENSON AMBROSE R.GAYATHRI RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SMT. SREEJA V. SR. PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Crl.Rev.Pet.304/2025, 312/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.A.No.2/2025 in Crl.R.P.Nos.301, 304 & 312 of 2025 & Crl.R.P.Nos.301, 304 & 312 of 2025 2 2025:KER:29895 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.REV.PET NO. 304 OF 2025 CRIME NO.773/2010 OF Nilambur Police Station, Malappuram AGAINST THE JUDGMENT DATED 17.11.2015 IN Crl.A NO.322 OF 2012 OF ADDITIONAL SESSIONS COURT - II, MANJERI ARISING OUT OF THE JUDGMENT DATED 30.10.2012 IN CC NO.46 OF 2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR REVISION PETITIONER/APPELLANT/ACCUSED NO.1:
NISAMUDHEEN @ NISAM, AGED 35 YEARS S/O. MOHAMMED, PUTHUKUDI HOUSE, PARAMMAL PUTHOOR, KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY, SAIPOOJA SADIK ISMAYIL, R.GAYATHRI M.MAHIN HAMZA, ALWIN JOSEPH BENSON AMBROSE RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SRI. M.P. PRASANTH, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Crl.Rev.Pet.301/2025 AND CONNECTED CASE, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.A.No.2/2025 in Crl.R.P.Nos.301, 304 & 312 of 2025 & Crl.R.P.Nos.301, 304 & 312 of 2025 3 2025:KER:29895 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.REV.PET NO.
312 OF 2025 CRIME NO.895/2010 OF Nilambur Police Station, Malappuram AGAINST THE JUDGMENT DATED 25.08.2015 IN Crl.A NO.323 OF 2012 OF ADDITIONAL SESSIONS COURT - II, MANJERI ARISING OUT OF THE JUDGMENT DATED 30.10.2012 IN CC NO.94 OF 2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR REVISION PETITIONER/APPELLANT/ACCUSED NO.1:
NISAMUDHEEN @ NISAM, AGED 35 YEARS S/O. MOHAMMED, PUTHUKUDI HOUSE, PARAMMAL PUTHOOR, KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY, SAIPOOJA SADIK ISMAYIL, R.GAYATHRI M.MAHIN HAMZA, ALWIN JOSEPH BENSON AMBROSE RESPONDENT/RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 SRI. M.P. PRASANTH, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Crl.Rev.Pet.301/2025 AND CONNECTED CASE, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.A.No.2/2025 in Crl.R.P.Nos.301, 304 & 312 of 2025 & Crl.R.P.Nos.301, 304 & 312 of 2025 4 2025:KER:29895 ORDER The above Crl.M.As are filed to condone the delay of 3311, 3311 and 3395 days respectively in filing the revision petitions. 2. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. I have perused the affidavits filed in support of the applications to condone the delay. The reason shown in the affidavits is that the revision petitioner was not informed about the disposal of the appeals filed by him by the counsel. Apart from such vague allegation, there is nothing to substantiate the same. It is also stated in the affidavits that in the meantime, he went abroad in connection with his job and he was in Qatar since 2023. No document has been produced to substantiate the said contention. The delay is almost ten years. That apart, the learned Prosecutor submitted that altogether fourteen crimes of similar nature are registered against the petitioner and in most of the cases he was convicted also.
Since the petitioner has failed to offer reasonable cause for the delay, I see no reason to condone the delay. Accordingly, the delay condonation applications are dismissed. Consequently, the criminal revision petitions are also dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp