T.J.Jacob vs State Of Kerala on 19 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2309 of 2008()



1. T.J.JACOB
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.K.NIJOY

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/06/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                      Crl.M.C. No.2309 of 2008
                       -------------------------------------
                Dated this the 19th day of June, 2008

                                   ORDER

Petitioner is the complainant in a private complaint filed

before the learned Magistrate alleging commission of offences

punishable, inter alia, under Sections 420 and 409 I.P.C. The

learned Magistrate by the impugned order, evidently passed

under Section 203 I.P.C, proceeded to dismiss the complaint. The

petitioner has come to this Court to invoke the jurisdiction of this

Court under Section 482 Cr.P.C.

2. After discussions at the Bar, the learned counsel for the

petitioner fairly submits that revision is maintainable against the

impugned order and in these circumstances without prejudice to

the rights of the petitioner to challenge the impugned order in

revision, this Crl.M.C may be dismissed. The request is accepted.

3. This Crl.M.C is, in these circumstances, dismissed as

agreed. Return the certified copies of the orders to the learned

counsel for the petitioner forthwith. The learned counsel for the

petitioner submits that observations may be made about right of

the petitioner to get the delay condoned. The petitioner must

raise his plea for condonation of delay, if any, before the

Revisional Court.

(R.BASANT, JUDGE)
rtr/-

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