IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Crl.Rev.Pet.No. 4110 of 2007() ------------------------------ CC.108/2003 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER: DEFACTO COMPLAINANT ------------------------------------- V.C.MOIDEEN KOYA, S/O.BEERAN, AGED 61 YEARS, KALLUMPURATH VEEDU, THAMARASSERY AMSOM, MARUTHADU DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ SMT.SHAJNA.M. RESPONDENTS: ACCUSED/STATE -------------------------- 1. SALAM, S/O.ATHRUMANKUTTY, AGED 35 YEARS, URANNIANKUNNUMMAL, NADUVALLUR, KAKKUR AMSOM. 2. MUHAMED BASHEER, S/O.POKKER, AGED 46 YEARS, PARENGOTTUMMAL HOUSE, NADUVALLUR, KAKKUR AMSOM. 3. VASUDEVAN NAIR, S/O.RAGHAVAN NAIR, AGED 62 YEARS, RAROTH HOUSE, NADUVALLUR, KAKKUR. 4. STATE OF KERALA, REPRESENTED BY KAKKUR POLICE STATION, KAKKUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.4110 of 200 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R This revision petition is directed against a verdict of not guilty and acquittal in a prosecution under Sections 447 and 427 read with 34 I.P.C. The revision petitioner is the de facto complainant/PW1 in the said case. 2. Called upon to explain the nature of the challenge which the petitioner wants to mount against the verdict of not guilty and acquittal, the learned counsel for the petitioner submits that the only apprehension of the petitioner is that the said verdict of not guilty and acquittal may be used against the petitioner in the civil proceedings. That apprehension is found to be without any merit. The petitioner was not a party by name in the proceedings. He did not get opportunity to adduce evidence of his own. In these circumstances, the petitioner need not at all apprehend that the findings therein would effect his claim in the civil suit. 3. With the above observations, this Crl.R.P is dismissed as agreed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No. 2 Crl.R.P.No. 3 R.BASANT, J C.R.R.P.No. Crl.R.P.No. 4 ORDER 21ST DAY OF JULY 2006