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 &
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
