IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.Rev.Pet.No. 2943 of 2008() ------------------------------ CMP.1999/2008 of JUDICIAL FIRST CLASS MAGISTRATE, MALAPPURAM .................... REVN. PETITIONER: PETITIONER: ------------------------------------- SIRASH.R.K., AGED 26 YEARS, S/O.KHADER, R.K.MANZIL, CHOMPALA P.O., VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL RESPONDENTS: STATE: --------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................... Crl.R.P. No. 2943 of 2008 ....................................... Dated this the 28th day of August, 2008. O R D E R The petitioner who is the accused in Crime No. 319 of 2008 of Kondotty Police Station for offences punishable under Sections 419, 468 and 471 IPC r/w Section 12(1)(b) of the Passports Act, filed an application for interim custody of the passport, which was before the Judicial First Class Magistrate, Malappuram. Even though the application was filed under Section 457 Cr.P.C., it can only be treated as an application under Section 451 Cr.P.C since the property has been produced before the court. (vide 1987(1) KLT 513- Thariyath v. Fr. George). An order passed under Section 451 Cr.P.C is not revisable at the instance of the parties to the proceedings. Hence this revision is not maintainable and the same is dismissed as not maintainable. Registry may return the certified copy of the impugned order in case an application in that behalf is made by the petitioner. Dated this the 28th day of August, 2008. V.RAMKUMAR, JUDGE. rv CRL.R.P. NO. :2: