IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.Rev.Pet.No. 3575 of 2008() --------------------------------------------- (AGAINST THE ORER DATED 23RD FEBRUARY, 2008N IN CMP NO. 801/2008 OF JUDICIAL FIRSTS CLASS MAGISTRATE COURT I, ERNAKULAM). .................. REVISION PETITIONER:COMPLAINANT: ---------------------------------------------------------- B.AJITHKUMAR ARCHANA, PRESS CLUB ROAD, MAMANGALAM, ANJUMANA ROAD, EDAPPALLY P.O.,KOCHI-24. BY ADV. SRI.G.G.MANOJ RESPONDENT(S): ACCUSED & STATE: ---------------------------------------------------------- 1. ISMAIL, S/O. K.M.ABU KHALASI HELPER, OFFICE OF SENIOR SECTION ENGINEER, ELECTRICAL (POWER)SOUTHERN RAILWAY,PALAKKAD 678 002. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3575 OF 2008 =========================== Dated this the 14th day of November,2008 ORDER Revision petitioner is the complainant before Judicial First Class Magistrate-I, Ernakulam. The complaint in CMP 801/2008 was dismissed under section 204 of Code of Criminal Procedure on 23.2.2008 for the reason that complainant was absent and there is no representation and inspite of specific direction the complainant was absent. 2. Case of the revision petitioner is that though complaint was filed, cognizance was not taken and the case was posted on 23.2.2008 but petitioner could not appear and his counsel could not make any representation and it was not wilful or due to any negligence and in such circumstance, the dismissal of the complaint is to be set aside. Learned counsel for the petitioner submits that an opportunity is to be granted to take steps. In the interest of justice petitioner is to be granted an CRRP3575/2008 2 opportunity to take steps. The order dismissing the complaint under section 204 of the Code of Criminal Procedure is set aside. CMP 801/2008 is restored to file. Judicial First Class Magistrate is directed to proceed with the complaint. Petitioner is directed to take steps without fail within two weeks from today and to appear before the learned Magistrate on 5.12.2008. Criminal Revision Petition is allowed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006