IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.Rev.Pet.No. 2765 of 2010() ------------------------------ AGAINST THE ORDER DATED 22/07/2010 IN ORDER IN MC.88/2010 of SUB DIVISIONAL MAGISTRATE FORT KOCHI .................... REVN. PETITIONER(S): CR.PETITIONERS ------------------------------------------------ 1. SOORAJ.A.V, S/O.VASU, AMBATTUPARAMBIL HOUSE, KURUMASSERY P.O. 2. BAIJU.K.B, S/O.BHASKARAN, KOKKATTU (H), KURUMASSERY P.O. BY ADV. SRI.AYPE JOSEPH RESPONDENT(S): PETITIONER/STATE -------------------------------------------- 1. SMT.C.K.VASANTI, CHARANGAMVELI, KURUMASSERY P.O.-683 579. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 BY ADV. SRI.DENIZEN KOMATH R2 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J. - - - - - - - - - - - - - - - - - - - Crl. R.P. No.2765 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24 th day of January, 2011. O R D E R The challenge is against the order dated 22.07.2010 in Crl.M.C.No.88/2010/M of the Sub Divisional Magistrate, Fort Kochi. The learned counsels for the contesting parties as well as the learned Public Prosecutor submitted that, the petitioner was absent, while issuing the order impugned and he was not heard. Learned counsel for the respondent submitted that he has no objection remanding the matter for fresh consideration, provided the Sub Divisional Magistrate Court may be directed to dispose the matter within a time limit. In the result, this revision petition is disposed of, setting aside the order dated 22.07.2010, in M.C.No.88/2010/M on the file of the Court of Sub Divisional Magistrate, Fort Kochi and remanded the Crl. R.P. No.2765/2010 2 matter to the said court for passing fresh order after hearing of the parties affected and the same shall be done as expeditiously as possible, at any rate, within a period of three months from the date of receipt of this order which will be produced by the petitioner. Sd/- (V.K.MOHANAN), Judge ss/. //True Copy// P.A to Judge