IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA, 1930 Crl.Rev.Pet.No. 3869 of 2008() ------------------------------ CMP.533/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): COMPLAINANT: ------------------------------------------------- BALASUBRAMANIAN, S/O.CHANNETHODI MAKKU, CHENNATHODIYIL, KALATHUR, PERINTHALMANNA. BY ADV. SRI.SAJU.S.A RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.R.P.NO.3869 OF 2008 ------------------------------------------ Dated 12th January 2009 O R D E R Revision petitioner is the complainant before Judicial First Class Magistrate, Tirur in C.M.P.533/200. Complaint was dismissed on 28/3/2008. Order reads; “Today complainant present. No representation. Hence complaint dismissed.” Case of revision petitioner is that complaint was originally filed before Judicial First Class Magistrate, Perinthalmanna and later it was transferred to Judicial First Class Magistrate, Tirur by Chief Judicial Magistrate and counsel did not get the posting date and therefore could not appear and when revision petitioner was present in court learned Magistrate should not have dismissed the complaint on the ground that there is no presentation. 2. On going through the order of the court dismissing application it is clear that revision petitioner was present in the court when the private CRRP 3869/08 2 complaint was dismissed. At the stage of enquiry under Section 200 of Criminal Procedure Code, if the complainant is present it is for the Magistrate to record his sworn statement and also that of the witnesses, if any and decide whether complaint is to be proceeded as provided under Section 204 or to be dismissed under Section 203 of Code of Criminal Procedure. Dismissal of the complaint on the ground that there is no representation is illegal. Revision is allowed. Order dated 28/3/2008 is set aside. C.M.P.533/2008 is restored to file of Judicial First Class Magistrate, Tirur. Magistrate is directed to proceed with the complaint in accordance with law. Revision petitioner is directed to appear before the Magistrate on 5/2/2009. M.SASIDHARAN NAMBIAR, JUDGE. uj.