Kerala High Court
Arun Anto vs State Of Kerala on 28 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
CRL.MC NO. 5482 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 22.03.2024 IN CRRP
NO.59 OF 2017 OF III ADDITIONAL DISTRICT COURT,
THRISSUR / II ADDITIONAL MACT, THRISSUR
................................
PETITIONER/REVISION PETITIONER :
ARUN ANTO, AGED 25 YEARS
S/O ANTO NO.1A, FIRST FLOOR, PARK LAND,
APPARTMENTS.AMBAKKADAN JUNCTION,
CHEMBUKKAVU VILLAGE
THRISSUR THALUK & DISTRICT, PIN - 680 005.
BY ADV SOHAIL AHAMMED HARRIS P.P.
RESPONDENT/RESPONDENT/RESPONDENT :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI. ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 5482/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.5482 of 2024
...................................................
Dated this the 28th day of June, 2024
ORDER
Petitioner has filed a private complaint before the Chief Judicial
Magistrate Court, Thrissur alleging various offences including Sections 420,
406 and 468 of the Indian Penal Code, 1860, which was dismissed under
Section 203 Cr.P.C. Challenging the said dismissal, petitioner preferred a
revision petition before the Additional Sessions court-III, Thrissur as
Crl.R.P.No.59/2017. By order dated 22.03.2024, the learned Sessions
Judge dismissed the revision petition in three sentences, which reads a
follows:
"Posted for hearing as last chance. Petitioner and counsel is
absent. Petition is dismissed."
2. The aforesaid order is under challenge in this petition under Section 482
Cr.P.C.
3. I have heard Sri.Sohail Ahammed Harris P.P., the learned counsel for the
petitioner as well as Sri.Ashi M.C., the learned Public Prosecutor.
4. The revision petition before the Sessions Court was filed in 2017.
Obviously, in such old cases when the petitioner and the counsel are
absent, the court is left with no other remedy other than to dismiss the
same. Therefore, no fault can be found with the impugned order.
5. However, taking note of the interests of justice and the need for an
opportunity of obtaining an order on merits, I feel it appropriate that the
petitioner be given one more opportunity for advancing his case on
merits. Hence, I deem it appropriate, in the peculiar circumstances of the
case, to set aside the impugned order and direct a re-consideration of the
same.
6. Therefore, the order dated 22.03.2024 in Crl.R.P.No.59/2017 on the files
of the Additional Sessions Court-III, Thrissur; is hereby set aside and the
learned Sessions Judge is directed to re-consider the revision petition on
merits.
7. It is clarified that, if in case the petitioner fails to appear on the date
posted for hearing hereafter, the learned Sessions Judge will be at liberty
to proceed in accordance with law.
Crl.M.C.is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/28/06/2024
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 01.07.2017 IN
C.M.P. NO.5947/2016 PASSED BY THE CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR.
ANNEXURE 2 CERTIFIED COPY OF THE ORDER DATED 22.03.2024
IN CRL. R.P. NO.59/2017 PASSED BY THE III
ADDITIONAL SESSIONS COURT, THRISSUR.
TRUE COPY
