IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.Rev.Pet.No. 3416 of 2008() ------------------------------ CC.59/2008 of JUDL.FIRST CLASS MAGISTRATE COURT-IV,PUNALUR .................... REVN. PETITIONER(S)/COMPLAINANT: --------------------- K.SURENDRAN, S/O.KRISHNAN, VENGA VILA VEEDU, THAZHAMEL MURI, ANCHAL VILLAGE, KOLLAM. BY ADV. SRI. SIJU KAMALASANAN RESPONDENT(S)/STATE/ACCUSED: ---------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHANDRACHOODAN @ RADHAKRISHNAN, S/O.GOPALA PILLAI, CHARUVILA PUTHEN VEEDU, THAZHAMEL, ANCHAL VILLAGE, KOLLAM. PUBLIC PROSECUTOR SR. C.M. NAZER FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3416 OF 2008 ------------------------------------------ Dated this the 23rd day of October, 2008 O R D E R Petitioner is the complainant. Judicial First Class Magistrate-I, Punalur took cognizance of the offence and issued summons to the accused in C.C. 95 of 2008. Accused did not appear and instead, through a counsel applied for time for appearance. Meanwhile on 28.5.2008 the case was transferred to Judicial First Class Magistrate-IV, Punalur. It was numbered as C.C.59 of 2008. The case was called on 6.6.2008. petitioner was present. Accused did not appear. There was no representation also. Hence non bailable warrant was issued and posted to 6.9.2008. When the case was taken on 6.9.2008, petitioner was absent. But he was represented and an application was filed. But complaint was dismissed for not taking steps under section 204 of Code of Criminal Procedure. Revision is filed challenging that order. 2. Learned counsel appearing for petitioner was heard. 3. The learned counsel submitted that the failure of the petitioner was not willful but was only an omission and in such CRRP3416/08 2 circumstance an opportunity is to be granted. Once cognizance of an offence was taken, learned Magistrate could not have dismissed that complaint under section 204 of Cr.P.C. as was done in this case. In the interest of justice, order dated 6.9.2008 is set aside. C.C.59 of 2008 is restored to the file of Judicial First Class Magistrate-IV, Punalur for proceeding in accordance with law. Petitioner is directed to take steps within ten days from today. Revision is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-