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1981 Supreme(Ker) 232

V.KHALID
Mohammed – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The revision petitioner was the first accused in C.C. No. 422 of 1978 on the file of the Chief Judicial Magistrate, Ernakulam. There were three other accused also. Charge-sheet was filed against all of them alleging commission of offences punishable under Ss. 454, 380 and 34, I.P.C. The petitioner was arrested on 14-9-1978, and since his arrest he was in judicial custody. The case was posted to 12-10-1978. On that day the accused were taken to Court. The petitioner and his co-accused pleaded guilty to the charge. On this plea, the trial Court ordered the revision petitioner to be detained in Borstal School, Cannanore, for a period of three years by its judgment dated 9-11-1978 stating that the report of the Probation Officer was not in his favour. Under a mistaken impression that no appeal lay against this order, the petitioner filed Cr.R.P. No. 510 of 1979 before this Court, along with Crl.M.P. No. 1582 of 1979, to condone the delay. It was later realised that a regular appeal would lie since this Court had held so in 1978 Ker LT 779 : (1980 Cri LJ NOC 39). This Court by its order dated 18-12-1979 directed the revision petition to be returned for presentation before th






















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