IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.Rev.Pet.No. 585 of 2009() ----------------------------- C.C.NO.9/2004 ON THE FILE OF THE JFCM, N.PARAVUR REVN. PETITIONER): ----------------------------------- BABU, S/O.KOCHUNNI, MALETH HOUSE, NEERIKODE KARA, ALANGAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ALI AKBAR, S.I.OF POLICE(PROBATION) ALUVA 3. ANILKUMAR, C.I.OF POLICE, CHENGAMANAD PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = = = = = = = = Crl.R.P. No.585 of 2009 = = = = = = = = = = = = = = = = = = = = Dated: 17.02.09 O R D E R The petitioner, who is the complainant in C.C. No. 9 of 2004 on the file of the J.F.C.M, Paravur alleging offences punishable under Sections 323 and 294(b) read with 34 IPC against the two accused persons both of whom are Police Officers, challenges the order dated 16.8.08 passed by the learned Magistrate dismissing the complaint presumably under Section 204 (4) Cr.P.C., eventhough the provision quoted in the order is 204(1)Cr.P.C 2. There might have been some laches on the part of the petitioner/complainant in not furnishing the correct address of the accused who are stated to be no more working in Aluva and Chengamanad Police Stations. However, the petitioner did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No. 9 of 2004 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 10.03.09 by which time he shall have furnished the correct address of the two accused persons before the trial court. Dated this the 17th day of February 2009. V. RAMKUMAR, JUDGE. sj