IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1047 of 2001()
1. JOSEPH CHACKO
... Petitioner
Vs
1. VALIYA VALAPPIL DAMODARAN
... Respondent
For Petitioner :SRI.M.V.AMARESAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.GIRI
Dated :13/03/2009
O R D E R
V.GIRI, J
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Crl.R.P.1047/2001
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Dated this the 13th day of March, 2009
ORDER
The complainant in C.M.P.No.6581/2000 on
the files of the Judicial Magistrate of First
Class, Payyannur, is the petitioner in this
revision. The complaint was dismissed under
Section 203 of the Cr.P.C and hence this
revision.
2. The case of the complainant is that on
12.3.2000, the complainant, his father,
Chacko, mother, Thressiamma and a worker,
Damodaran had gone to the property
belonging to the complainant’s father for
attending to maintenance work. Accused
persons came and trespassed into the property
and started widening a road without
permission of the father or mother of the
complainant. Complainant’s mother was
abused and the complainant was assaulted.
Hence the complaint was lodged alleging that
Crl.R.P.1047/2001
2
the accused has committed offences punishable
under Sections 447, 341, 323 and 506(ii) IPC
read with Section 34 IPC. Learned Magistrate
recorded the statement of CW1 and then
dismissed the complaint under Section 203 of
the Cr.P.C declining to issue process on the
ground that it is clear that a case was
pending against the accused on the same date
he attacked the accused herein and that on
moving such a case this complaint has been
filed. I am not in a position to make out or
understand the reasoning given by the
learned Magistrate. If there is already a
case pending against the accused, then, it
is understandable as to why the learned
Magistrate felt that the present complaint
does not disclose enough materials to proceed
with the case. The order passed by the
Magistrate is clearly not satisfactory.
3. In the result, the order is set aside
and the learned Magistrate is directed to
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3
consider the matter afresh and if he finds
that there are sufficient grounds to proceed
further with the case, he may do so by
issuing process under Section 204 of the
Cr.P.C. If the learned Magistrate finds that
the materials are inadequate to proceed,
then he shall pass a fresh and reasoned order
under Section 203 of the Cr.P.C., disclosing
the reasons as to why he finds it unnecessary
to proceed further with the complaint.
The Criminal Revision Petition is
allowed as above.
V.GIRI,
Judge
mrcs