KUNHAMMAD Vs. ABDUL KADER

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure, 1973 by accused 1 and 2 in C.C. No. 571 of 1972 on the file of the Judicial Magistrate of the II Class, Cannanore, praying that the order passed by this Court in Crl. R. P. No. 203/75 may be interfered with in review and the convictions and sentences passed against the petitioners be quashed, as a second revision is maintainable in the light of the decision of Khalid J. in Sankaran Nair v. Madhavan Pillai ( 1976 KLT 837 ) that it is settled law that the procedure to be adopted for cases which started before the coming into force of the New Code is the procedure under the Old Code.

(2.) The petitioners along with six others were convicted for offences punishable under S.341, IPC. and they were sentenced to pay a fine of Rs. 150/- each. Criminal appeals filed before the Chief Judicial Magistrate, Tellicherry, resulted only in the confirmation of the convictions and sentences passed by the Trial Court. The 7th accused thereafter filed Crl. R. P. No. 16/74 and accused 1 to 6 and 8 filed Crl. R. P. No. 36/74 before the Court of Session, Tellicherry, against the judgment of the courts below. The learned Sessions Judge acquitted all the accused except the petitioners. Against the order of the Court of Session, the petitioners filed Crl. R. P. No. 203/75 before this Court and the same was dismissed on the ground that the revision petition was not maintainable in view of the bar under S.399(3) of the Code of Criminal Procedure, 1973.

(3.) The ground taken in support of the reliefs claimed in the petition is that in the light of the decision reported in Sankaran Nair v. Madhavan Pillai (1976 KLT 837) following the decision of the Supreme Court in Philip v. Director of Enforcement ( 1976 KLT 247 ) and also the express provisions contained in S.484(2) of the Code of Criminal Procedure, this Court committed an illegality in holding that a second revision was not maintainable.