IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.Rev.Pet.No. 953 of 2009() ----------------------------- CRMP.4376/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... REVN. PETITIONER(S): COMPLAINANT: --------------------------------- SEBASTIAN, S/O.CHACKO, PATTATHUVEEDU, WARD NO.25, CHERTHALA MUNICIPALITY, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): ACCUSED: ----------------------- 1. C.A.JOSEPH, KALAMANIYIL, KOKKOTHAMANGALAM VILLAGE, CHERTHALA. 2. ELSY JOSEPH @ ELSAMMA JOSEPH, W/O.C.A.JOSEPH, KALAMANIYIL, KOKKOTHAMANGALAM VILLAGE, CHERTHALA. 3. C.V.JOSEPH, JISTO VILLAYIL, CHENNOTH, KOKKOTHAMANGALAM VILLAGE, CHERTHALA. 4. STATE OF KERALA BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.953 of 2009 = = = = = = = = = = = = = = Dated this the 16th day of March, 2009 ORDER The complainant in Crl.M.P.No.4376 of 2007 on the file of the J.F.C.M-1, Cherthala is the revision petitioner. It was a private complaint alleging offences punishable under Section 420,463 read with 34 IPC. 2. After perusing the averments in the complaint and the sworn statements of the complainant as well as the witnesses, I am not inclined to endorse the view taken by the Magistrate that the offences under Section 420, and 468 IPC are not attracted. Those offences appear to be prima facie attracted. This was not a case for dismissal of the complaint under Section 203 Cr.P.C. 3. The impugned order dated 19.8.08 is accordingly set aside and the learned Magistrate shall take cognizance of the aforementioned offences in the complaint and shall proceed further. 4. Since the impugned order was passed before issuing summons to respondents 1 to 3, notice to respondents 1 to 3 is dispensed with in this revision. This Crl.R.P. is allowed as above. Dated this the 16th day of March, 2009. V. RAMKUMAR, JUDGE sj