IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 1509 of 2006 -------------------------------- CMP.1558/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER ------------------ P.P.JOSE, PARATTUKUDY VEEDU, THAMARACHAL, KIZHAKKAMBALAM. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR RESPONDENT: ------------------- 1. ABRAHAM KURIAKOSE, OMATHIL VEEDU, AMAYANNUR KARA, KOTTAYAM DISTRICT. RESPONDENT NO.2 IMPLEADED SUO MOTU: 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ADV. SRI.JACOB ABRAHAM FOR R1 R2 - BY PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 1509 of 2006-C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 Order This petition filed under Section 482 of the Code of Criminal Procedure is at the instance of the complainant in a private complaint. The complaint was dismissed by the learned Magistrate under Section 203 of the Code, holding that no prima facie case had been made out. 2. Learned counsel for the petitioner/complainant contends that sufficient opportunity was not granted to the petitioner to substantiate the allegations in the complaint. If that be the position, I do not find any reason why the petitioner shall not be entitled to prefer a fresh complaint with all relevant further materials, if there is no other legal impediment. The dismissal of the earlier complaint shall not stand in the way of the petitioner. Ordered accordingly. 3. In that view of the matter I do not find any reason to interfere with the impugned order. Crl.M.C is closed in the above terms. A.K. BASHEER Judge an.