High Court Kerala High Court

Ittoop vs State on 18 August, 2008

Kerala High Court
Ittoop vs State on 18 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 625 of 2001()



1. ITTOOP
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  :SRI.K.MOHANA KANNAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :18/08/2008

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.
-----------------------------------------------
      Crl.Revision Petition No.625 of 2001
 ----------------------------------------------
     Dated this the 18th day of August, 2008

                      O R D E R

This revision is against an order of acquittal

passed in a case registered on a police report. PW1,

the defacto complainant, is the revision petitioner.

2. After appreciating the materials on record, the

learned Magistrate concluded that the versions given by

PW1 and PW2 materially contradict even the allegations

in the police report. It was noticed that there are a

number of cases between two factions of the members of

the church and PW1 had admitted that the accused

persons are members of the rival committee of the

church. PW1 is also an accused in another case

registered as S.T.880/1997. His son is also an accused

in that case. With the materials on record, I do not

find any legal infirmity or such irregularity,

illegality or impropriety calling for exercising

Crl.R.P. No.625/2001

– 2 –

revisional jurisdiction under Section 397 of Cr.P.C.

against order of acquittal, at the instance of the

defacto complainant. There is no ground to reverse the

impugned order of acquittal, in revision.

In the result, this revision petition fails and

the same is accordingly dismissed.

Sd/-

THOTTATHIL B. RADHAKRISHNAN,
JUDGE

skr/19/8

// True copy //

P.A. to Judge.