IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.Rev.Pet.No. 2771 of 2003() ------------------------------ CMP.694/2003 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... REVN. PETITIONER(S)/COMPLAINANT: --------------------- P.D.LOHITHAKSHAN, S/O.DHARMAN, PALLATH HOUSE, KAZHIMBRAM.P.O., VALAPPAD VILLAGE, CHAVAKAD TALUK, THRISSUR DISTRICT, PRESIDENT, PARENT TEACHERS ASSOCIATION, V.P.M S.N.D.P SCHOOL, KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S)/RESPONDENTS AND STATE OF KERALA: ------------------------------- 1. P.R.THARANATHAN, S/O.RAMANKUTTY, PULLAT HOUSE, KAZHIMBRAMP.O., VALAPPAD VILLAGE, CHAVAKAD TALUK, (FORMER PRINCIPAL AND SECRETARY) OF V.P.M. S.N.D.P SCHOOL, PARENT TEACHERS ASSOCIATION, KAZHIMBRAM.P.O., THRISSUR DISTRICT. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM ADV. SRI.K.B.GANGESH FOR R1 SRI.JOE JOSEPH KOCHIKUNNEL FOR R1 R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.R.P.NO.2771 OF 2003 --------------------------------------------- Dated 2nd August, 2010 O R D E R Complainant in C.M.P.694/2003 on the file of Enquiry Commissioner and Special Judge, Thrissur filed this revision challenging dismissal of complaint under Section 203 of Code of Criminal Procedure. Learned counsel appearing for the first respondent submitted that subsequent to the dismissal of the complaint, petitioner filed a private complaint before Judicial First Class Magistrate-I, Kodungallur raising the very same allegations contending that first respondent committed offences under Sections 403, 406, 409, 417, 463 and 491 of Indian Penal Code which was taken cognizance by the learned Magistrate as C.C.699/2004 and after recording the CRRP 2771/03 2 evidence, first respondent was discharged under Section 245(1) of Code of Criminal Procedure on 31/12/2007. Learned counsel appearing for the first respondent pointed out that no appeal was filed challenging the order of acquittal and it has become final and therefore, complaint is only to be dismissed. 2. Learned counsel appearing for the petitioner sought time to verify the said submission. Learned counsel today submitted that on verification it is informed by the petitioner that petitioner did not challenge the order of acquittal in C.C.699/2004. In view of order of acquittal in C.C.699/2004 which has become final, the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.