IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 786 of 2008() ------------------------ CRRP.26/2005 of ADDL. SESSIONS COURT-II, MAVELIKKARA .................... PETITIONER: REVISION PETITIONER/ACCUSED --------------------------------------- SHAHJAHAN, SHAJI BHAVANAM CHUNAKKARA SOUTH, CHARUMOOD P.O., MAVELIKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENTS: STATE & RESPONDENT/ACCUSED --------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SMITHA. R.SHANKAR, KAKKATTU HOUSE KUDASSANADU P.O., PANDALAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.786 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 ORDER The petitioner challenges the order of acquittal under Section 256(1) Cr.P.C passed by the J.F.C.M, Mavelikkara as confirmed in Crl.R.P.No.26/2005 by the Additional Sessions Judge-II, Mavelikkara. The remedy of the petitioner was to file an appeal against the acquittal. Merely because ill-advisedly he had preferred a revision before the Sessions Court, which had disposed of the revision on merits will not make the position any better. The Sessions Judge was inherently laking in jurisdiction either to entertain the revision or to dispose of the same. The remedy of the petitioner is therefore to file an appeal against the acquittal. 2. Without prejudice to the right of the petitioner to file an appeal, this Crl.M.C is dismissed. In case the petitioner files an appeal against the acquittal, I am sure that the period during which he was prosecuting in good faith the revision before the lower court and the Crl.M.C before this Court will certainly be reckoned for the purpose of condonation. V. RAMKUMAR, JUDGE sj