IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.Rev.Pet.No. 1111 of 2001() ------------------------------ CC.514/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... REVN. PETITIONER: --------------------- ABDUL NAZAR M.P., S/O AHAMMED KUTTY, 25 YEARS, MELEMOYIPPURATH KIZHAKKOTH, P.O.PANNOOR, KODUVALLI, KOCHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN SMT.A.KUMARI MINI RESPONDENT(S): --------------- 1. KIZHEDATH VINOD, S.O APPU, AGED 24 YEARS, KEZHEKKADATH HOUSE, PANNOOR, KIZHAKKOTH, KODUVALLI, KOZHIKODE DISTRICT. 2. MALAYIL MANI, S/O VELAYUDHAN, AGED 24 YEARS, MALAYIL HOUSE, PANNOOR,KIZHAKKOTH, KODUVALLI, KOZHIKODE DISTRICT. 3. KANDIYIL BALAN, S/O VALANCHI, AGED 25 YEARS, PANNOOR,KIZHAKKOTH, KODUVALLI, KOZHIKODE DISTRICT. 4. MALAYIL RAJU, S/O VELAYUDHAN, AGED 22 YEARS, MALAYIL HOUSE, PANNOOR,KIZHAKKOTH, KODUVALLI, KOZHIKODE DISTRICT. Crl.Rev.Pet.No. 1111/01() 2 5. SHIJU @ KUTTAI, S/O KUNHIKANDAN, AGED 22 YEARS, CHATHARUKANDI HOUSE, PANNOOR,KIZHAKKOTH, KODUVALLI. 6. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 TO 5 PUBLIC PROSECUTOR SHRI P.RAVINDRA BABU FOR R6 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/09/2009, ALONG WITH CRRP NO. 1112 OF 2001 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J. ----------------------------------------------------- CRL.R.P.NOS.1111 & 1112 OF 2001 ----------------------------------------------------- DATED THIS THE 29th DAY OF SEPTEMBER, 2009 O R D E R The revision petitioner in Crl.R.P.No.1111/01 is the complainant in C.C.No.514/2000 on the file of Judicial First Class Magistrate's Court-I, Thamarassery. The revision petitioner in Crl.R.P.No.1112/01 is the complainant in C.C.No.516/00 on the file of Judicial First Class Magistrate's Court-I, Thamarassery. Both these petitioners filed separate private complaints under section 190(1) of Cr.P.C. against accused 1 to 5 who are respondents in these petitions alleging that they have committed offences under sections 143, 147,148, 323, 324, 341 and 506(i) read with section 149 of IPC. 2. The allegations in the complaint was that on 8.4.1999 at about 7.30 PM, when the petitioners were walking through the Panchayat Road at Karuvanthatti Parambath near Koduvalli Vattoli Main road, the respondents attacked them causing injuries to them. Both the petitioners were admitted in the hospital and they preferred separate complaints before the J.F.C.M.-I, CRL.R.P.NOS.1111 & 1112/01 -2- Thamarassery on 26.7.2000. Separate sworn statements of the petitioners were recorded on 7.8.2000. Thereafter summons were issued to all the accused 1 to 5. In pursuance of the receipt of summons all the accused appeared before the lower court. When the case was posted for hearing, both the revision petitioners did not appear and both complaints were dismissed as per separate orders dated 8.6.2001 which are challenged in these revision petitions. 3. These revision petitions were posted for hearing on 25.9.2009 and the learned Public Prosecutor was directed to verify the stage of Crime No.84/99 which was investigated by the police regarding the very same incident. Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor and also the learned counsel for respondents 1 to 5 who are accused Nos.1 to 5 shown in C.C.Nos.514/2000 and 516/2000. 4. It is submitted by the learned Public Prosecutor that in Crime No.84/99 investigation was completed by the police and charge sheet was filed against accused Nos.3 and 5 in these CRL.R.P.NOS.1111 & 1112/01 -3- petitions. After investigation, other accused were deleted from the array of the accused and final report is filed against two accused only and both the accused who are respondents 3 and 5 in these petitions faced the trial for the offences charged against them under sections 323 and 324 read with Section 34 of IPC. That charge sheet was filed on 30.4.1999 and tried before the Court of J.F.C.M-I, Thamarassery as C.C.No.472/99. After trial, both accused 1 and 2 in C.C.No.472/99 were acquitted under section 248(1) Cr.P.C. as per order dated 20.2.2002 and nobody has challenged that order. 5. The present petitioners filed separate private complaint against the very same accused, five in numbers, and both the petitioners did not appear before the Court of J.F.C.M.-I, Thamarassery and the learned Magistrate dismissed the complaints under section 245 of Cr.P.C. wherein it is mentioned that both complaints were rejected as they were not interested in prosecuting the matter and no evidence has been adduced in the complaints in both the cases and the evidence was closed. Those orders have been challenged in these revision petitions. CRL.R.P.NOS.1111 & 1112/01 -4- 6. Today these petitions are taken up for hearing. No representation was made by both the petitioners/complainants and no argument has been advanced on the side of the petitioners in these petitions. Heard the learned Public Prosecutor and the learned counsel for the respondents. I find no reason to interfere with the impugned orders in these revisions. Hence these petitions are liable to be dismissed. I do so. 7. In the result, these petitions are dismissed. M.C.HARI RANI, JUDGE. dsn