Delno Das vs State Of Kerala on 27 June, 2025

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The revision petitioner was the accused in S.T.

No.263/2020 on the file of Judicial First Class

Magistrate Court-I, Kollam.

2. The petitioner was charge sheeted by the

Sub Inspector of Police, Kundara alleging offences

punishable under Section 279 IPC and Section 185 of

the Motor Vehicles Act. When the case came up for

consideration on 30.10.2020, the petitioner pleaded

guilty. The court accepted the plea made by the

petitioner and he is convicted and sentenced to pay a

fine of Rs.1,000/- under Section 279 IPC and

Rs.10,000/- under Section 185 of Motor Vehicles Act.

2025:KER:48101

According to the petitioner, the petitioner was not

aware of the consequence of his pleading guilty and

there was no proper legal advice to him. It is also

submitted that the learned Magistrate has not

complied the mandatory instruction under Section

251 and 252 of Cr.PC while recording the plea.

Aggrieved by the conviction and sentence, the

petitioner filed an appeal before the Sessions Court,

Kollam. The Additional District and Sessions Judge-VI,

Kollam considered the appeal. The Sessions Judge,

without going to the merit of the case, dismissed the

appeal mainly on the reason that no appeal is

maintainable against such order because of the bar

under Section 375 Cr.PC. Hence, this Revision

Petition is filed.

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