FAHAD MASHOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Criminal Miscellaneous Case instituted under Sec. 482 of the Code of Criminal Procedure is as follows:

(2.) The order under challenge in this Crl.M.C. is one at Annexure -A3 which reads as follows:

(3.) It is stated by the petitioner that as per Annexure -A2 Government Order, G.O.(Rt) No. 1180/15/Home Dated 20/05/2015, the Government considered the issue of invocation of powers conferred as per Sec. 433 of the Cr.P.C. for remission and ordered that the request of the petitioner for remission is allowed and the sentence ordered in Crl.R.P. No. 139 of 2002 by this Court (arising out of the conviction in C.C. No. 996/1994 on the file of Judicial First Class Magistrate Court -IV, Kozhikode.) is allowed on the sentence of simple imprisonment for the offence under Sec. 338 of the IPC to the fine of Rs. 1000/ - and that he has also to pay Rs. 1000/ - for the offence under Sec. 279 of the IPC and further amount of Rs. 10,000/ - as compensation to be paid to the injured and that thus totally an amount of Rs. 12,000/ - shall be remitted by the petitioner at JFMC -IV, Kozhikode within one month from the date of that order. The petitioner approached the court below for getting the benefit of remission allowed as per Annexure -A2 G.O. upon which the court below passed impugned Annexure -A3 order insisting that the petitioner shall either produce original of the G.O. or its certified copy.