IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 436 of 2008() ------------------------ CMP.285/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: -------------- T.K. MUHAMMED SHAFI, S/O. ALAVI, THAYYIL KAARAT HOUSE, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS/STATE: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, VENGARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 436 of 2008 ========================== Dated this the 29th day of January, 2008. ORDER This Court has already taken a view that the dismissal of a petition under Section 457 Cr.P.C results in a final order which can only be revised under Section 397 r/w Section 401 Cr.P.C. Hence, this M.C is not maintainable. This Crl. M.C is accordingly dismissed without prejudice to the right of the petitioner to file a revision petition. V. RAMKUMAR, JUDGE. rv