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1977 Supreme(Ker) 162

S.K.KADER
KUNHAMMAD – Appellant
Versus
ABDUL KADER – Respondent


Judgment :-

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 Se










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