High CourtsSingle Bench

Mohanan And Anr vs State Of Kerala And Anr

High Court Of Kerala · Decided on 9 December 2020 · Citation: (2020) 12 KL CK 0157

HON’BLE JUDGES
N. Anil Kumar, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, — Section 55(a), 56(b), 58
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 2223 Of 2006
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Judgment

12 paragraphs · 210 words
1.

The composite sentence of imprisonment and fine was awarded by the trial court as well as the appellate court for the offence punishable under

Sections 55(a), 56(b) and 58 of the Kerala Abkari Act.

2.

The learned counsel for the revision petitioners submitted that the revision petitioners are no more.

3.

The learned Senior Public Prosecutor, on instructions, submits that the revision petitioners are no more.

4.

The sentence of imprisonment stands abated consequent to the death of the revision petitioners/accused. However, the sentence of fine does not

abate.

5.

The learned Senior Public Prosecutor submits that it is practically not possible to trace out the legal heirs of the revision petitioners/accused at this

point of time. Hence, it is requested that the revision petition may be closed, without prejudice to the rights of the legal heirs if any, to get the revision

re-open, if deemed necessary.

In the result, this revision petition stands closed, without prejudice to the rights of the legal heirs of the revision petitioners/accused to get the revision

re-open, if deemed necessary. The Registry is directed to send back the records to the trial court for execution of the sentence of fine as against the

legal heirs of the revision petitioners/accused, in accordance with law.