IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.Rev.Pet.No. 1018 of 2010() ------------------------------ MC.2/2010 OF THE HON'BLE REVENUE DIVISIONAL MAGISTRATE, DEVIKULAM .................... REVN. PETITIONER(S): COUNTER PETITIONER --------------------------------------- KUNJUMUHAMMED, AGED 60 YEARS, S/O.KHADER, VELLAKKUDIYIL HOUSE, KOOMPANPARA KARA, ANAVIRATTY VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.PADAYATTEE YELDO RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KISSINGER PAUL, AGED 34, S/O.PAUL, THONDIYIL HOUSE, KOOMPANPARA P.O., ANAVIRATTY VILLAGE, DEVIKULAM TALUK, IDUKKI. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 1018 of 2010 ---------------------------------------------------- Dated this the 23rd day of March, 2010. ORDER The revision petitioner who was the accused in M.C.No.2 of 2010 on the file of the Sub Divisional Magistrate, Devikulam challenges the conditional order dated 10.3.2010 passed by the Magistrate under Section 133(1) Cr.P.C at the instance of the 2nd respondent herein. Since the impugned order is only a conditional order calling upon the revision petitioner to either remove the obstruction of drinking water or to show-cause why the conditional order should not be made absolute, his remedy is to appear before the Magistrate and show-cause, if any. The order is not a final order. The impugned order being an interlocutory order, this revision is barred under Section 397(2) Cr.P.C. This revision is accordingly dismissed without prejudice to the right of the petitioner to appear before the Magistrate and challenge the final order, if any, to be passed. Dated this the 23rd day of March, 2010. V.RAMKUMAR, JUDGE. sj