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Kerala High Court
Cheriyan Mathew vs State Of Kerala on 23 May, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.REV.PET NO. 93 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.06.2022 IN CMP NO.1266 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
REVISION PETITIONER/S:
CHERIYAN MATHEW,
AGED 68 YEARS
S/O MATHEW C K, CHERIYAN MANNIL HOUSE,
CHERUKOLE MURI, CHERUKOLE VILLAGE, RANNI,
PATHANAMTHITTA- 689672
NOW RESIDING AT FLAT NO. 1 - B3,
SHWAS FURTUNA, KUREEKKAD.P.O.,
KANAYANNUR VILLAGE, ERNAKULAM DISTRICT PIN-682025
REPRESENTED BY POWER OF ATTORNEY HOLDER
DHANYAMOL A, AGED 36 YEARS,
PALAYATHVILA PUTHEN VEEDU, KUTTIYANIKADU,
KEEZHAROOR P.O., OTTASEKHARAMANGALAM
NOW RESIDING AT ASWATHY BHAVAN, MELEPATTAKUDI,
KAMUKINKODE, KODANGAVILA P.O., ATHIYANNUR,
THIRUVANANTHAPURAM-, PIN - 695123
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
ARUN KRISHNA
NIKITHA SURESH
ADITYA DEV
RESPONDENT(S)/STATE & ACCUSED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 C M ABRAHAM
AGED 59 YEARS, S/O MATHEW C K,
CHERIYAN MANNIL HOUSE, CHERUKOLE MURI,
CHERUKOLE VILLAGE, RANNI,
CRL.REV.PET NO. 93 OF 2024 &
CrL.M.A.No.1/2024
2
PATHANAMTHITTA-, PIN - 689672
3 SOSHAMMA
AGED 75 YEARS, D/O MATHEW C K,
CHERIYAN MANNIL HOUSE, CHERUKOLE MURI,
CHERUKOLE VILLAGE, RANNI,
PATHANAMTHITTA-, PIN - 689672
4 THANKAMMA CHACKO
AGED 64, D/O MATHEW C K,
CHERIYAN MANNIL HOUSE, CHERUKOLE MURI,
CHERUKOLE VILLAGE, RANNI,
PATHANAMTHITTA-, PIN - 689672
5 MERY EASOW
AGED 62 YEARS, D/O MATHEW C K,
CHERIYAN MANNIL HOUSE, CHERUKOLE MURI,
CHERUKOLE VILLAGE, RANNI,
PATHANAMTHITTA-, PIN - 689672
6 ANNAMMA MATHAI
AGED 52 YEARS, D/O MATHEW C.K.,
CHERIYAN MANNIL HOUSE, CHERUKOLE MURI,
CHERUKOLE VILLAGE, RANNI,
PATAHNAMTHITTA, PIN - 689672
R1 BY ADV.C N PRABHAKARAN, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 93 OF 2024 &
CrL.M.A.No.1/2024
3
ORDER
Crl.M.A.No.1 of 2024 is for condoning a delay of 479 days in preferring this revision. The revision is against the order passed by the concerned Magistrate in which the criminal complaint submitted was dismissed under Section 203 Cr.P.C without taking cognizance. The allegation is that the accused persons, who are near relatives of the defacto complainant, had created certain documents with the intention to exclude other legal heirs and made a declaration that they are the only legal heirs. They have, in turn, obtained a legal heirship certificate excluding others. But, the alleged complaint against the accused persons will not constitute the ingredient which would attract any of the offence alleged in the complaint. It is not fabrication of a document as that of genuine or CRL.REV.PET NO. 93 OF 2024 & CrL.M.A.No.1/2024 4 belongs to somebody else. The dispute involved is of civil nature and as such, the learned Magistrate is justified in rejecting and dismissing the complaint under Section 203 Cr.P.C. Hence, the criminal revision cannot be sustained. Necessarily, there is no reason for condoning the delay occasioned.
The Crl.R.P and Crl.M.A. will stand dismissed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV