Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.REV.PET NO.703 OF 2021 AGAINST THE ORDER DATED 20.09.2021 IN C.C.No.14/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-IV, PUNALUR PETITIONER/COMPLAINANT: SUNIL KUMAR, AGED 41 YEARS, S/O.RAVEENDRAN, SURESH BHAVAN, NETTAYAM, NEDIYARA P.O., ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS/ACCUSED & STATE: 1 RENJITH, AGED 34 YEARS, RESIDING AT T.C.NO.24/43, POUNDUKULAM COLONY, THYCAUD P.O., THIRUVANANTHAPURAM-695014. 2 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-680031. BY ADV. SRI.T.R.RENJITH, SR. PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
Dated this the 6th day of October, 2022 This Revision Petition has been filed under Section 397 read with Section 401 of the Code
of Criminal Procedure by the complainant in C.C.No.14/2019 on the file of the Judicial First Class Magistrate Court-IV, Punalur
arraying the accused as the 1 st respondent and State of Kerala as the 2nd respondent, challenging Annexure-A1 order dated 20.09.2021 in the above case.
2. Heard the learned counsel for the revision petitioner. Though notice served upon the 1st respondent/the accused, he did not appear.
3. It is submitted by the learned counsel for the petitioner that originally this complaint was lodged before the Judicial First Class Magistrate-III, Thiruvananthapuram and
then transferred to Judicial First Class Magistrate-IV, Punalur and renumbered as C.C. No.14/2019. While so, the complainant failed to take steps to issue bailable warrant against the accused and, accordingly, the complaint was dismissed under Section 204(4) of Cr.P.C.
4. In this matter, as I have already pointed, the 1st respondent/the accused did not
appear. It is to be noted that since the revision petitioner failed to take steps to issue bailable warrant, the complaint got dismissed. It is submitted by the learned counsel for the petitioner that one more opportunity to be given to the revision
petitioner to take steps and proceed with the complaint, after setting aside the order. In the interest of justice, the said prayer found to be sustainable. In view of the matter
Annexure-A1 stands set aside, to provide an opportunity to the review petitioner to prosecute the matter. Consequently, C.C.
No.14/2019 on the file of Judicial First Class Magistrate Court-IV, Punalur stands restored and the learned Magistrate is directed to provide opportunity to the complainant to take steps and proceed with the complaint for the said purpose.
The parties are directed to appear before the Judicial First Class Magistrate Court-IV, Punalur on 28.10.2022. Sd/- A.BADHARUDEEN, JUDGE. ww APPENDIX OF CRL.REV.PET 703/2021 PETITIONER'S ANNEXURES: ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 20.9.2021 IN C.C.NO.14/2019 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE-IV, PUNALUR. ANNEXURE A2 CERTIFIED COPY OF THE PROCEEDINGS IN C.C.NO.14/2019 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE-IV, PUNALUR.