IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SWAMINATHAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the petitioner, an accused in crime no.99/2011, filed for discharge. (Para 1 , 2) |
| 2. the revisional court erred in dismissing the petition for default. (Para 3 , 4 , 5) |
O R D E R
The petitioner is the accused in Crime No.99 of 2011 registered by the Town West Police Station, Thrissur.
2. The petitioner has stated in the Criminal Miscellaneous Case that, he had filed an application for discharge before the Court of the Additional Chief Judicial Magistrate, Thrissur ('Trial Court, for short). However, by Annexure-1 order, the Trial Court has dismissed the said application. Aggrieved by the said order, the petitioner had preferred Crl.R.P.No.29 of 2025 before the Court of the IIIrd Additional Sessions Judge, Thrissur ('Revisional Court', in short). The said revision petition was admitted and notice was issued to the respondent. However, by Annexure-3 order, the Revisional Court has dismissed the revision petition for default on the ground that there was no representation for the petitioner. Annexure-3 order is ex facie erroneous and unsustainable in law. As the Revisional Court had admitted the revision petition and stayed Annexure-1 order, it was bound to call for th
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