Kerala High Court
Vijayan Pillai vs State Of Kerala on 27 May, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
CRL.REV.PET NO. 552 OF 2024
AGAINST THE JUDGMENT DATED 10.01.2024 IN ST NO.558 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
REVISION PETITIONER/COMPLAINANT:
VIJAYAN PILLAI,
AGED 65 YEARS,
S/O PARAMESWAN NAIR, KAVALATTIL HOUSE, IRAVON P.O.,
KONNI, KONNI TALUK, PATHANAMTHITTA, PIN - 689691
BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT/STATEA AND ACCUSED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 ANISH P.R,
PLAMTHUNDIYIL HOUSE, PERUNADU P.O.,
PERUNADU VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689711
PP SMT NIMA JACOB
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 552 OF 2024
2
ORDER
The various postings given as evident from the
order sheet of the learned Magistrate is extracted
below:
"09-03-2017 Complainant represented. Issue
summons to accused 20/5/2017
20-05-2017 Complainant present. For return of
summons. Call on 20/7/2017
20-07-2017 Notified to 11.07.17
11-10-2017 Complainant absent. No representation
take steps. Issue notice to counsel for
complainant 29/12/17
29-12-2017 Complainant represented. Steps taken.
Issue summons to 6.6.2018
06-06-2018 Complainant present. Accused absent
applied, Vakalath filed. For appearance of
accused 22/6/18.
22-06-2018 complainant present. Accused absent
applied. For appearance of accused No Further
Time 30/6/18.
30-06-2018 Complainant present. Accused absent
applied, application rejected. Issued NBW to
accused. Take steps 4/7/18
04-07-2018 Complainant present. Repeat NBW to
accused. Take steps 18/1/19.
18-01-2019 complainant present. Repeat NBW 1/2/19
01-02-2019 Complainant absent. Represented.
Repeat NBW 26/6/19
26-06-2019 Complainant present. Repeat NBW
12/12/19
CRL.REV.PET NO. 552 OF 2024
12-12-2019 Complainant present. Repeat NBW
through District Police Chief 21/12/19
21-12-2019 Complainant present counsel filed CMP
9677/19 to issue warrant by hand. Heard.
Allowed. Issue warrant by hand for R/W 31/12/19.
31-12-2019 Complainant present. Accused produced
NBW recalled. Bail granted to accused on
executing bond for Rs. 50000/- with 2 solvent
sureties each for like sum. Serve copy
8/1/20
08-01-2020 Notified to 19.2.20
19-02-2020 Complainant present. Accused absent
applied copy served. For recording plea 27/2/22
27-02-2020 Complainant present. Accused present
Particulars of offencec read over and explained.
Accused pleaded not guilty for evidence 4/3/20
04-03-2020 Complainant present. Accused absent
applied counsel for complainant prays time for
filing proof affidavit for evidence No further
time 9/3/20.
9-3-20: Notified to 20.4.20
20-4-20:Notified to 6.8.20
6/8/20: Notified to 3/12/20
3/12/20: Notified to 25/2/21
25/2/21: Notified to20/5/21
20/5/21: Notified to25/8/21
25/8/21:Notified to20/11/21
20/11/21:Notified to 10/2/22
10/2/22:Notified 27/4/22
27-04-2022: Both parties are absent. Copy already
served. For the evidence of the complainant
25/6/22
CRL.REV.PET NO. 552 OF 2024
25-06-2022: Both parties are absent. For the
evidence of complainant to 26/7/22
26-07-2022: Complainant is present. Accused are
present counsel for complainant sought time for
evidence. Allowed are No Further Time on 24/8/22
24-08-2022 No sitting notified to 27/9/22
27-09-2022 Accused absent represented.
Complainant absent represented. Await complainant
for evidence No further time on 22/7/23
25-02-2023 No sitting notified to 4/5/23
04-05-2023-Complainant present. Represented for
complainants evidence No Further Time on 22/7/23
22-07-2023 Accused applied. Complainant absent.
No representation, complainant shall appear for
evidence. No Further Time 31-07-2023
31/7/23:- Accused applied. Complainant is
present. Counsel for accused prays for time.
Complainant is bound over on cost of Rs.500/-17-
08-23
17-08-2023:-Complainant is present. Accused
absent. No representation. Issue B/W to accused
and notice to sureties. 14-09-23
14/9/23 No Sitting Notified 18/11/23
18/11/2023:- Complainant is present. Repeat NBW
to accused Sureties called absent. Register MC
against sureties. Issue notice 5/12/2023
14.09.23:- Notified to 18/11/23
05-12-2023:-Complainant is present Repeat NBW to
accused 14/12/23
14-12-2023 No sitting notified to 6/1/24
06-01-2024 Take steps within 2 days. Call on.
10/1/24
10/1/24 Steps not taken. No representation for
complainant. As steps are not taken to issue
warrant ordered on 05-12-23 inspite of specific
CRL.REV.PET NO. 552 OF 2024
direction on 06-01-2024 to take steps within two
days, the complaint is dismissed u/s 204(4)
CrPc."
This would show the way in which, it was mishandled
by the officer concerned. Section 204(4) Cr.P.C.
is not intended to defeat the administration of
justice. It cannot be used in a clandestine manner
or in a routine way. It shall be exercised very
sparingly, that too only for the ends of justice,
when there is gross negligence from the part of
complainant. In this particular case, the
complainant was present all most in all postings,
but it was adjourned without showing any sufficient
reason. Steps were also taken in time. But it was
not executed and returned. Ultimately, the accused
was arrested on 31.12.2019. Thereafter, it was
posted for evidence. The case was adjourned by
notification in almost nine postings. Thereafter,
the accused remained absent, which has resulted in
cancellation of bail and issuance of non-bailable
warrant. The complaint was dismissed on the very
next posting date, simply on the ground that no
CRL.REV.PET NO. 552 OF 2024
steps were taken. Before that, there were no
sitting for atleast three postings. Hence, the
dismissal under Section 204 (4) Cr.P.C. will stand
set aside by restoring the complaint on file. The
Registry is directed to send a copy of this order
to the officer concerned Sri. Rajeev. V., the then
Judicial First Class Magistrate II, for
information. The parties shall appear before the
trial Magistrate on 25.06.2024 to proceed further
in the matter.
The Criminal Revision Petition is disposed of
accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
