Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 SEEKING SPECIAL LEAVE TO APPEAL AGAINST THE ORDER DATED 01.02.2023 IN C.C. NO.2063/2017 ON THE FILE OF THE JUDICAL FIRST CLASS MAGISTRATE COURT-XII, THIRUVANANTHAPURAM PETITIONER/COMPLAINANT IN C.C. NO.2063/2017:
PRADEEPKUMAR, AGED 32 YEARS, S/O. RAJMOHANAN NAIR, VALLAKKAL VEEDU, OORUTTAMBALAM, MARANALOOR (P.O), MARANALLOOR VILLAGE, KATTAKADA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 512. BY ADVS.P.V.DILEEP B.L.RENJU RESPONDENTS/ACCUSED IN C.C. NO.2063/2017 AND STATE: 1 GNANADHAS CHRISTOPHER, AGED 50 YEARS, CHRIST BHAVAN, NEAR KARUNA SAWMILL, VELLARADA (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695 505. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN-682 031. R2 SRI.M.C. ASHI, PUBLIC PROSECUTOR THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
ORDER
Dated this the 1st day of June, 2023 After granting leave in the matter, it was noticed that the challenge being made against an order dismissing the complaint under Section 204(4) of Cr.P.C., the remedy is to file a criminal revision petition and not an appeal.
2. The Criminal Leave Petition is hence dismissed without prejudice to the petitioner's right to challenge the
order in a Criminal Revision Petition. The Registry shall
return the certified copy of the order to the petitioner forthwith. In view of the dismissal of the leave petition, Crl.L.P. No.796 of 2023 will also stand dismissed. Sd/- V.G. ARUN JUDGE bpr