IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.Rev.Pet.No. 4135 of 2008() ------------------------------ CRA.59/2005 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.3680/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S): RESPONDENT/COMPLAINANT ---------------------------------------------------------- SISUPALAN, S/O. KRISHNAN, AGED 42 YEARS, KOZHINJAMPARA, POLLACHI ROAD, VALIYAVALLAPATHI, CHITTUR, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): APPELLANT/ACCUSED & STATE -------------------------------------------------------- 1. K. SIVAKUMAR, S/O. KANTHASWAMY GOUNDER, ALAMPADI, KOZHINJAMPARA, VALIYAVALLAPATHI, CHITTUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.4135 OF 2008 =========================== Dated this the 1st day of January,2009 ORDER Revision is filed challenging an order of acquittal passed by the Additional Sessions Judge, Palakkad in Crl.A.59/2005. Petitioner is the complainant and first respondent the accused. Though first respondent was convicted by the Judicial First Class Magistrate, Chittur in S.T.3680/2003, learned Additional Sessions Judge set aside the conviction and acquitted him. Revision is filed challenging the order of acquittal. 2. Sub section (4) of Section 378 of Code of Criminal Procedure provides that if an order of acquittal is passed in any case instituted upon complaint, on an application made to it by the complainant, High Court may grant special leave to appeal from the order of acquittal and then complainant may present an appeal to the High CRRP 4135/2008 2 Court. When an appeal, though with special leave, is maintainable before the High Court, revision petitioner is not entitled to file a revision. With a liberty to file an appeal, revision is dismissed. Return the certified copies to the revision petitioner. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006