IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.Rev.Pet.No. 93 of 2007(B) ----------------------------- CRA.305/2002 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.262/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER(S): RESPONDENT/COMPLAINANT. -------------------------------- SULAIMAN, S/O.MOHAMMED HANEEFA, SOFIYA MANZIL, KONCHALUMMOODU, ANAKUDI MURI, PANGODE VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S)/APPELLANTS/ACCUSED AND STATE. --------------------------------- 1. SREEKUMAR, SUB INSPECTOR OF POLICE, PANGODE POLICE STATION. 2. UNNI @ VIJAYAN, POLICE CONSTABLE,PANGODE POLICE STATION. 3. AJITH, POLICE CONSTABLE, PANGODE POLICE STATION. 4. THOMAS, POLICE CONSTABLE, PANGODE POLICE STATION. 5. BALACHANDRAN, HEAD CONSTABLE, PANGODE POLICE STATION. 6. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI C.S.HRITHWIK FOR R6 SRI.P.VIJAYA BHANU FOR R1 SRI.P.M.RAFIQ FOR R1 SRI. K.SIJU FOR R3 TO R5 SRI.S.SUDHEESHKAR FOR R3 TO R5 SRI.PRATHEESH.P FOR R3 TO R5 SRI.A.MUHAMMED RAFFI FOR R3 TO R5 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.93 of 2007 -------------------------------------- Dated this the 20th day of August, 2009. ORDER Heard counsel for petitioner and Public Prosecutor. 2. This revision is in challenge of acquittal of respondent Nos.1 to 5 of offences punishable under Sections 143, 147, 341, 323, 324 and 506(i) read with Section 149 of the Indian Penal Code (for short, “the IPC”). 3. Case is that on 5.4.1999 at about 9’O clock, respondent Nos.1 to 5 in prosecution of their common object trespassed into the house of petitioner, he was taken forcibly into the jeep and respondent Nos.1 to 5 voluntarily caused hurt and criminally intimidated him. On the complaint preferred by petitioner, learned Judicial First Class Magistrate-I, Attingal tried respondent Nos.1 to 5. Petitioner examined PWs 1 to 6 and proved Exts.P1 to P4. Respondent Nos.1 to 5 examined DWs 1 and 2 and proved Ext.D1 series to Ext.D6. Ext.C1 is the wound certificate proved by court. Learned magistrate after consideration of the evidence found respondent Nos.1 to 5 guilty, convicted and sentenced them to undergo imprisonment and payment of fine. Respondent Nos.1 to 5 took up the matter in appeal. Learned Additional Sessions Judge-II, Thiruvananthapuram acquitted respondent Nos.2 to 5 of all the charges. Conviction of respondent No.1 under Section 323 of the Code was confirmed and sentence was modified as fine of Rs.1,000/-. Respondent No.1 was acquitted of all other charges found Crl.R.P.No.93/2007 2 against him. Judgment of learned Additional Sessions Judge-II is under challenge in this revision. 4. Learned counsel for petitioner submits that matter is settled between parties outside court and hence revision is not pressed. 5. Since case arose on a private complaint and the acquittal of respondent Nos.2 to 5 of all the offences alleged against them and of respondent No.1 of all offences other than Section 323 of the Code alleged against him is under challenge at the instance of petitioner/complainant, remedy of the petitioner is to file an appeal seeking special leave under Section 378(4) of Code of Criminal Procedure (for short, “the Code”). Since that remedy is available to the petitioner a revision at his instance is barred under Section 401 (4) of the Code. Hence this revision petition is not maintainable. Since it is submitted by learned counsel that matter is settled outside court and petitioner does not want to pursue the matter further, it is unnecessary to direct this revision to be converted as an application for special leave. Hence this revision petition is closed without affecting other remedies if any available to the petitioner in case he is aggrieved. THOMAS P.JOSEPH, Judge. cks