High Court Kerala High Court

Kochupennu vs State Of Kerala on 27 August, 2008

Kerala High Court
Kochupennu vs State Of Kerala on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2719 of 2008()


1. KOCHUPENNU, GOURIKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. JOSE, S/O ANTONY,

3. CHELLAMMA, W/O KRISHNANKUTTY,

4. INDIRA, W/O RAJU PULITHOOKIL VEEDU,

5. AMBILY, W/O PUSHPAKARAN, CHITOOR,

6. PRASAD, W/O KRISHNANKUTTY,

7. PALRAJ, S/O PARAMANANDAM,

8. DANIEL, S/O DAVID, VATTAKANAM VEEDU,

9. SHAJI, S/O NANU, PUTHUPARAMBIL VEEDU,

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :27/08/2008

 O R D E R
                          V. RAMKUMAR, J.
                      = = = = = = = = = = = = =
                       Crl.R.P.No.2719 of 2008
                     = = = = = = = = = = = = = =
                             27.08.2008

                                ORDER

The petitioner, who is the complainant in S.T.No.971 of 2007 on

the file of the J.F.C.M, Peermade alleging offences punishable under

Sections 143,147,447,506(1),323,342 and 427 read with 149 IPC,

challenges the order dated 25.4.08 passed by the learned Magistrate

dismissing the complaint under Section 204(4) Cr.P.C for the absence

of the petitioner/complainant and also for the failure on the part of

the complainant to remit process fee.

There might have been some latches on the part of the

petitioner/complainant in not taking steps at the right time.

However, she did not deserve a dismissal of her complaint.

Accordingly, the impugned order is set aside and S.T.No.971 of 2007

shall stand restored to file. The petitioner shall appear before the

court below, without any further notice, on 16.09.08, by which time

she shall have taken all steps for the further progress of the

complaint.

Dated this the 27 thday of August, 2008.

V. RAMKUMAR, JUDGE

sj