IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Crl.Rev.Pet.No. 990 of 2001() ----------------------------- C.M.P.NO.5533/2001 IN CC.16/1998 of JUDL.MAGISTRATE OF FIRST CLASS MATTANNUR .................... REVN. PETITIONER(S): RESPONDENT/COMPLAINANT:- --------------------- O.V.BABU, S/O.VARKEY, AGED 38, OZHAKKANATT HOUSE,MANIKKADAVU P.O., ULICKAL VIA., KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): PETITIONER/ACCUSED:- --------------- 1. A.V.THOMAS, ANTHIANKULATH HOUSE, MANIKKADAVU P.O., ULICKAL VIA., KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.A.K.BASHEER FOR R1 PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.P. No. 4706 of 2001 in Crl.R.P. No. 990 of 2001 Dismissed. 7-10-2009 Sd/- P.Q.Barkath Ali, Judge. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No. 990 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of October, 2009 O R D E R The complainant in C.C.No.16 of 1998 of the Judicial Magistrate of the First Class, Mattannur is the revision petitioner. In this revision petition the revision petitioner challenges the order passed by the trial court in C.M.P.No.5533 of 2001 in the above complaint closing the evidence of the prosecution, as per the direction of the Supreme Court in Raj Deo Sharma V. State of Bihar (1998 Crl.L.J. 4596). It is the admitted case that the principle laid down in Raj Deo Sharma's case is overruled by seven Judges Bench of the Supreme Court in Ramachandra Rao V. State of karnataka (2002(2) KLT 189). That being so, the order of the trial court closing the prosecution evidence has to be set aside and the matter has to be remanded to the trial court for fresh disposal. 2. Hence, the impugned order is set aside and the matter is remitted back to the trial court for fresh disposal. The trial court is directed to take into file C.C.No.16 of 1998 and to dispose of the same as early as possible, but not later than six months from the date of receipt of copy of this order. P.Q. BARKATH ALI, JUDGE mn 2 P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=- Crl.R.P.No. 207 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=- O R D E R 8th September, 2009