IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Crl.L.P..No. 353 of 2008() -------------------------- CC.885/2003 of J.M.F.C.-I, KOLLAM .................... PETITIONER/COMPLAINANT --------------------------------------- VELUSWAMY, ANJUVILASAM, MUNTHATHAL CHEERY, TRIKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: ACCUSED -------------------- MURALEEDHARAN ACHARI, S/O.NARAYANAN ACHARI, MURALEEBHAVAN, MURUTHALCHERRY, TRIKKADAVOOR VILLAGE, KOLLAM DIST. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL FOR R1 THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.L.P.No. 353 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2008 O R D E R Application for grant of leave. The petitioner had filed a complaint alleging the offence punishable under Section 420 I.P.C. and the learned Magistrate had referred the same to the police under Section 156(3) Cr.P.C. Crime was registered. Investigation was conducted. Final report was filed. Trial was completed. The accused was acquitted. The petitioner has come to this Court now seeking leave under Section 378(4) Cr.P.C. to prefer an appeal. 2. How is an appeal maintainable at the instance of the petitioner, who is only the defacto complainant in the prosecution launched against the respondent/accused? 3. After discussions at the Bar, the learned counsel for the petitioner fairly accepts that the course available to the petitioner is to file a revision petition to challenge the judgment of acquittal and he cannot maintain an appeal in his own name Crl.L.P.No. 353 of 2008 2 under Section 378(4) Cr.P.C. I reckon that as a valid and informed stand taken by the learned counsel. I am satisfied that this leave petition cannot be allowed. 4. This Crl.L.P. is dismissed. I make it clear that the dismissal of this petition will not fetter the rights of the petitioner to challenge the impugned judgment of acquittal in revision before the appropriate court. Return the impugned judgment to the learned counsel for the petitioner forthwith. (R. BASANT) Judge tm