IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.Rev.Pet.No. 1408 of 2004() ------------------------------ CMP.7933/2003 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... REVN. PETITIONER: PETITIONER ---------------------------- K.MUHAMMADALI, S/O.KUNHABDULLA, AGED 38/03, KANMANA HOUSE, KUTTIADY AMSOM, OORATH DESOM. BY ADV. SRI.MOHANAN V.T.K. RESPONDENTS: STATE AND ACCUSED ------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.K.ACHUTHAN, MANAGING DIRECTOR CUM PROPRIETOR, GAMINI ENTERPRISES, ROOM NO. 17/923, AMEEN COMPLEX BUILDING, EAST KOTTAPARAMBA, KOZHIKODE-2, PIN 673 002. R1 BY PUBLIC PROSECUTOR SRI.P.K.RAVIKRISHNAN R2 BY ADV. SRI.T.G.RAJENDRAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Crl.R.P.No.1408 OF 2004 ------------------------------------------- Dated this the 21st day of July, 2008 O R D E R The petitioner challenges the dismissal of a complaint filed by him alleging offences punishable under Section 420 IPC. After recording his statement and before taking cognizance, the court of first instance forwarded it for investigation under Section 202 Cr.PC. The Sub Inspector of Police, thereafter, filed a report regarding the statements and it was revealed that the accused had lodged a complaint against the complainant in relation to the very same transaction, alleging offences punishable under Section 420 IPC and the same was chargesheeted by police and pending before the Chief Judicial Magistrate, Kozhikode. On a prima facie examination of the materials thus brought out, the Judicial Magistrate concluded that the complainant admits that he was not prepared to go abroad as instructed by the accused and that therefore, there was no reason to entertain his complaint that the accused person has, in any manner, committed the alleged offence punishable Crl.RP.1408/04 Page numbers under Section 420 IPC. I do not find any legal infirmity and ends of justice does not require the situation relating to a complaint of 2003 being reopened now. In the result, the revision petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.21/7.