Sunil Kumar vs Renjith - Court Judgment

SooperKanoon Citationsooperkanoon.com/1533031
CourtKerala High Court
Decided OnOct-06-2022
Case NumberCrl.Rev.Pet/703/2021
JudgeHonourable Mr. Justice a. Badharudeen
AppellantSunil Kumar
RespondentRenjith
Excerpt:
in the high court of kerala at ernakulampresent 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 rdated this the 6th day of october, 2022 this revision petition has been filed under section 397 read with section 401 of the codeof criminal procedure by the complainant in c.c.no.14/2019 on the file of the judicial first class magistrate court-iv, punalurarraying 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 andthen 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 notappear. 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 revisionpetitioner 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 matterannexure-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.
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.