Mahesh M vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 11, 2025

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Citation: sooperkanoon.com/1278430
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 11, 2025
Case Number: Crl.Rev.Pet/286/2025
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Mahesh M

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable dr. justice kauser edappagath friday, the 11th day of april 2025 / 21st chaithra, 1947 crl.rev.pet no. 286 of 2025 crime no.861/2024 of thampanoor police station, against the order dated 28.10.2024 in cmp no.5198 of 2024 of judicial magistrate of first class-iii, revision petitioner/petitioner/2nd accused: mahesh m aged 52 years s/o maniyan, tc. 76/336, vadavoor veedu, anayara p.o thiruvananthapuram, pin - 695029 by advs. g.ranju mohan m.santhi (k/868/2011) pyarin b. kuruvithadam theertha nair a.p. respondent: state of kerala represented by public prosecutor, high court of kerala, pin - 682031 by adv. sri.m.p. prasanth, pp this criminal revision petition having come up for admission on 11.04.2025, the court on the same day delivered the following:orderthis criminal revision petition has been filed challenging the order passed by the judicial first class magistrate court-iii, thiruvananthapuram in an application under section 497 of the bhartiya nagarik suraksha sanhita (bnss), 2023 [section 451 of the criminal procedure code (cr.p.c.)].2. the learned public prosecutor, sri. m. p. prasanthhas raised an objection that the revision is not maintainable. the learned public prosecutor has relied on a decision of the single bench of this court in yadav agencies (p) ltd. v. philomina [1985 khc 124] , in which it is held that the revision under section 397 of cr.p.c. is not maintainable against an order passed under section 451 of cr.p.c. hence, this criminal revision petition is dismissed without prejudice to the right of the petitioner to challenge the impugned order in accordance with law.sd/- dr. kauser edappagath judge br appendix of crl.rev.pet 286/2025 petitioner’s annexures annexure a1 the certified copy of the order in c.m.p.no.5198/2024 in crime no.816/2024/2023 dated 28-10-2024 respondent’s annexures: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 CRL.REV.PET NO. 286 OF 2025 CRIME NO.861/2024 OF THAMPANOOR POLICE STATION, AGAINST THE ORDER DATED 28.10.2024 IN CMP NO.5198 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, REVISION PETITIONER/PETITIONER/2ND ACCUSED: MAHESH M AGED 52 YEARS S/O MANIYAN, TC. 76/336, VADAVOOR VEEDU, ANAYARA P.O THIRUVANANTHAPURAM, PIN - 695029 BY ADVS. G.RANJU MOHAN M.SANTHI (K/868/2011) PYARIN B. KURUVITHADAM THEERTHA NAIR A.P. RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV. SRI.M.P. PRASANTH, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This Criminal Revision Petition has been filed challenging the order passed by the Judicial First Class Magistrate Court-III, Thiruvananthapuram in an application under Section 497 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 [Section 451 of the Criminal Procedure Code (Cr.P.C.)].

2. The learned Public Prosecutor, Sri. M. P. Prasanth

has raised an objection that the revision is not maintainable. The learned Public Prosecutor has relied on a decision of the Single Bench of this Court in Yadav Agencies (P) Ltd. v. Philomina [1985 KHC 124] , in which it is held that the revision under Section 397 of Cr.P.C. is not maintainable against an order passed under Section 451 of Cr.P.C. Hence, this Criminal Revision Petition is dismissed without prejudice to the right of the petitioner to challenge the impugned order in accordance with law.

Sd/- DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF CRL.REV.PET 286/2025 PETITIONER’S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE ORDER IN C.M.P.NO.5198/2024 IN CRIME NO.816/2024/2023 DATED 28-10-2024 RESPONDENT’S ANNEXURES: NIL

Same Court & Year Kerala · 2025 Same Parties Mahesh M vs State of Kerala Same Subject MRTP Same Judge Honourable Dr. Justice Kauser Edappagath