Citation : 2024 Latest Caselaw 31118 Ker
Judgement Date : 1 November, 2024
Crl.M.C. No.430 of 2019
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2024:KER:81430
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 430 OF 2019
CRIME NO.176/2013 OF THIRUVAMBADI POLICE STATION,
KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CRRP NO.66 OF
2015 OF ADDITIONAL DISTRICT COURT (SPECIAL COURT FOR
TRIAL FOR MARADU CASES) KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CMP NO.4598 OF 2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,THAMARASSERY
PETITIONER/REVISION PETITIONER/COMPLAINANT:
RAGHAVAN
AGED 68 YEARS, S/O. VELUMBANADI,
KOTTARAPPATTA HOUSE, KALPPURA, P.O.
KOODARANHI.
BY ADVS.
P.S.SREEDHARAN PILLAI
SRI.T.K.SANDEEP
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.ALEX ABRAHAM
Crl.M.C. No.430 of 2019
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RESPONDENTS/RESPONDENTS/ACCUSED & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-31.
2 SREEDHARAN
AGED ABOUT 63 YEARS, S/O. UNICHOYI,
PAYORMANNIL HOUSE, KUMARANELLUR AMSOM DESOM,
KALPOOR, KOZHIKODE-673 004
BY ADV.:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.430 of 2019
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.430 of 2019
-----------------------------------------
Dated this the 01st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed
challenging Annexures I and II orders.
2. Annexure-I is an order passed by the
Judicial First Class Magistrate Court-II,
Thamarassery, dismissing a private complaint filed
by the petitioner, under Section 203 Cr.P.C. The
petitioner challenged the same before the Sessions
Court by filing a revision. The Special Additional
Sessions Judge (Marad Cases), Kozhikode,
considered the revision and dismissed the same as
per Annexure-II order. Aggrieved by the same, this
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Criminal Miscellaneous Case is filed by the
petitioner who is the complainant before the trial
court.
3. The jurisdiction of this Court to interfere
with an order passed under Section 203 Cr.P.C.,
which is confirmed by the revisional court is very
limited. Unless there are serious illegalities or
irregularities, which will go the to the root of the
case, this Court need not invoke Section 482 Cr.P.C.
to interfere with the orders passed by the trial court.
Keeping in mind the above principle, this Court
perused Annexures I and II orders.
4. I am of the considered opinion that, there
is nothing to interfere with the above orders. The
trial court and the revisional court considered all the
contentions of the petitioner and thereafter
disposed of the matters. I am of the considered
2024:KER:81430
opinion that, there is nothing to interfere with the
same. There is no merit in this Crl.MC.
Accordingly, this Criminal Miscellaneous Case is
dismissed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2024:KER:81430
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE ORDER DATED
27.04.2015 IN C.M.P. NO. 4598/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THAMARASSERY.
ANNEXURE II A TRUE COPY OF THE ORDER DATED 21.07.2015 IN CRL. R.P. NO. 66/2015 OF THE SPECIAL ADDL. SESSIONS JUDGE (MARAD CASES), KOZHIKODE.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
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