High Court Kerala High Court

Sainudheen vs State Of Kerala on 18 March, 2010

Kerala High Court
Sainudheen vs State Of Kerala on 18 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3147 of 2009()


1. SAINUDHEEN, S/O. MOHAMMED HANEEFA,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.P.M.HABEEB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/03/2010

 O R D E R
                  *Crl.R.P.*RAMKUMAR,*J.2009*
                   * * *V. * * * * * * * * * *
                         *

          Dated,*this the 18th day of March 2010
                   * * * * *No.*3147*of* * * * *
                            * * * * *


                             ORDER

The revision petitioner who was the complainant in a

private complaint against 4 accused persons namely

Nusaifa Beevi, Salahudeen, Amina Beevi, Ishack @ Razak

alleging offences punishable under Sections 494, 497 read

with Sec. 34 I.P.C. challenges the order dated 12-6-2008

passed by the J.f.C.M.I , Punalur dismissing the complaint

under Sec. 203 after recording the sworn statement of the

revision petitioner and two other witnesses and CWs 2and

3. According to the revision petitioner, the marriage

between himself and Nusaifa Beevi is still subsisting and

while so she married Salahudeen on 31-1-2000. The

learned Magistrate took cognizance of the offence by

proceeding under Chapter 15 of Cr.P.C. and took the sworn

statement of the revision petitioner and two other

witnesses. Thereafter, the complaint has been dismissed

under Sec. 203 Cr.P.C. by passing the following order:-

“This private complaint against 4 accused persons
is alleged commission of offences under Sec. 494,
497 read with Sec. 34 I.P.CC.

Complainant and two witnesses examined as
CW1 to 3. No document produced.

On a consideration of the statement recorded

Crl.R.P. No. 3147 of 2007 -:2:-

under Section 200 Cr.P.C. of the complainant and
witness, I am of the opinion that there is no
sufficient ground for proceeding against the
accused. None of the ingredients of offence under
Secs. 494, 497 read with Sec. 34 I.P.C. prima facie
established for the reason stated above. i found that
complainant is devoid of merit and dismissed under
Sec. 203 Cr.P.C.”

The order does not indicate as to why the Magistrate is of

the opinion that there is no sufficient ground for

proceeding against the accused. He should have given

reasons in support of the dismissal of the complaint. Since

the complaint was dismissed before issuing process to the

four accused persons no notice need go to the accused

persons in this Revision. The impugned order which does

not give reasons in support of the dismissal of the complaint

cannot be sustained, and is, accordingly set aside.

C.M.P. 2393 of 2007 will stand restored to the file of the

J.F.C.M. I, Punalur and shall be dealt with in accordance

with law.

Sd/-V.RAMKUMAR, JUDGE.

/true copy/

P.S. to Judge

Crl.R.P. No. 3147 of 2007 -:3:-