IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD FEBRUARY, 2010 / 14TH MAGHA ,1931 Crl.Rev.Pet.No. 862 of 2006 (CRRP.14/2004 of ADDL.SESSIONS COURT, KOZHIKODE CMP.3310/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I,KOYILANDY) .................... REVN. PETITIONER: ----------------------------- P.SURESH BABU, S/O.PERAVAKUTTY, PARAYIL HOUSE, ANNASSERI P.O., KOZHIKODE. BY ADV. SRI.K.B.GANGESH SRI.ANIL GEORGE RESPONDENT(S): ------------------------ 1. P.T.SHARMILA, D/O. SANKARAN, PANIKKARATHODI HOUSE, WEST HILL, KOZHIKODE. 2. STATE, REP. BY GOVERNMENT PLEADER AND PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SUNNY MATHEW FOR R1 BY PUBLIC PROSECUTOR FOR R2 SRI.P.R.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No.862 of 2006 - C --------------------------------------------- Dated this the 3rd day of February, 2010 O R D E R This Criminal Revision Petition, which is at the instance of the accused in a complaint for the prosecution of the offences under Sections 376,417,420 and 493 of I.P.C., is directed against the order of the Sessions Court, Kozhikode in Crl.R.P.No.14 of 2004 by which the learned Sessions Court, Kozhikode set aside the order dated 14.10.2003 in CMP No.3310 of 2003 of the learned Magistrate dismissing the complaint preferred by the first respondent herein, who is the complainant therein. 2. As per the impugned order of the Sessions Court, the complaint was restored and thereafter, cognizance was taken and accordingly, C.P.No.101 of 2005 was instituted in the committal court on 19.12.2006. 3. As stated earlier, the lower revisional court Crl.R.PNO.862 of 2006 :-2-: allowed the revision petition and the order dated 14.10.2003 in CMP No.3310 of 2003 of the trial court was set aside. When the above revision petition came up for consideration on 13.3.2006, this Court, by order in Crl.M.A.No.2377 of 2006, issued an interim stay staying all further proceedings pursuant to the impugned order. Though the interim order was subsequently extended, the same had expired on 30.6.2006. Thus, as there was no order of stay against the further proceedings, the learned Magistrate committed the case to the Sessions Court on 19.12.2006 and the case was instituted as S.C.No.207 of 2007 in the Court of Assistant Sessions Judge, Koilandy. From the report of the Registrar, it appears that the case stood for framing of charge on 21.1.2010. 4. The alleged incident pertains to the year 1989. The lower revisional court has examined the case in detail and found that a prima facie case was made out and accordingly, the complaint was restored pursuant to which Crl.R.PNO.862 of 2006 :-3-: the learned Magistrate committed the case and now the case is ripe for trial. Therefore, I am of the view that there is no scope for interference with the trial at this stage. 5. The petitioner can participate in the trial and substantiate his defence whatever available to him in the light of the facts and circumstances involved in the case. If the charge is not already framed, the revision petitioner is also free to raise a plea for discharge before the trial court and the same will be considered on merit by the trial court. With the above observation and direction, this Crl.R.P. is disposed of. SD/- V.K.Mohanan, Judge MBS/ TRUE COPY P.A.TO JUDGE. Crl.R.PNO.862 of 2006 :-4-: V.K.MOHANAN, J. -------------------------------------------- Crl.R.P.NO. OF 200 ------------------------------------ -------- Crl.R.PNO.862 of 2006 :-5-: O R D E R DATED: -10-2009 Crl.R.PNO.862 of 2006 :-6-: