IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 2972 of 2010() ------------------------- CRL.RP.24/2003 of ADDL.SESSIONS COURT (FAST TRACK-III) THIRUVANANTHAPURAM IN CC.224/1994 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM .................... PETITIONER/APPELLANT/COMPLAINANT: -------------------------------- GOMATHY AMMA D/O.CHELLAMMA, RADHAKRISHNA HOUSE ELAMKULAM,SREEKARIYAM PO, THIRUVANANTHAPURAM BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENS/RESPONDENT/ACCUSED & STATE: -------------------------------------- 1. S.SAILAMONY, W/O.LAE RAJASEKHARAN NAIR ADVOCATE, VANCHIYOOR, THIRUVANANTHAPURAM 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2972 of 2010 -------------------------- ORDER This petition is filed challenging dismissal of Crl.R.P.No.24/2003 by Additional Sessions Judge (Fast Track-III), Thiruvananthapuram. That revision was filed by the petitioner/complainant contending that sentence awarded is inadequate. First respondent/accused challenged the conviction in Crl.A.No.136/2003, which was heard along with the revision. Learned Additional Sessions Judge set aside the conviction and acquitted the first respondent. In such circumstances, there is no question of enhancing the sentence as sought for. Learned counsel appearing for the petitioner submitted that challenging the order of acquittal a criminal appeal, with special leave, is filed before this Court and notice is ordered in that case. When the criminal appeal is heard, petitioner is at liberty to challenge the sentence also. Petition is dismissed. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv