IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1902 of 2008()
1. RADHAKRISHNAN, AGED 35 YEARS,
... Petitioner
Vs
1. DRIVER, CAR NO. KL-2D 6696
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. UMADEVI, W/O M.K. OMASEKHARAN NAIR,
For Petitioner :SRI.C.K.SASI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/06/2008
O R D E R
V.RAMKUMAR, J.
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CRL.R.P. NO. 1902 OF 2008
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Dated this the 16th day of June 2008
ORDER
Petitioner, who is the complainant in a private complaint
filed before the JFCM, Thiruvalla as CMP 6715/2000 alleging the
commission of offences punishable Sections 279, 337 and 338
IPC, challenges the order dated 26.10.2007 passed by the
Magistrate dismissing the said complaint under Section 203
Cr.P.C. Petitioner is the injured in a motor accident which took
place on 18.3.2000 at 10.30 p.m. Initially, the police after
investigation filed an undetected report on 22.11.2000 and the
said report was accepted by the Magistrate on 16.1.2001.
Thereafter the petitioner filed the above private complaint by way
of protest. The witnesses examined as PWs.1 to 4 before the
learned Magistrate were unable to give any useful information
regarding the offender so as to trace him out. If so, this Court
will be loath to interfere with the discretion exercised by the
learned Magistrate. The Magistrate has observed in the impugned
order that the dismissal of the private complaint filed by the
CRRP 1902/2008 2
petitioner will not preclude the police from re-opening the case
and conducting further investigation in the event of getting
further information regarding the offender. Hence this revision is
dismissed, without prejudice to the right of the petitioner to
move the police for further investigation, in case the petitioner is
able to enlighten the police regarding the details of the offending
car and the offender.
V.RAMKUMAR, JUDGE
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