IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.Rev.Pet.No. 529 of 2010() ----------------------------- MP.3619/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER/ COMPLAINANT:- ----------------------------------------- VIDHYA JOSHY, D/O. FRANCIS N.V., AGED 30 YEARS, RESIDING AT NAYATHODAN HOUSE, KUNUKKARA P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. MR. DENIZEN KOMATH MR. SHERRY J. THOMAS RESPONDENTS/ACCUSED:- ------------------------------ 1. JOSHY GEORGE, S/O. MR. GEORGE, AGED 41 YEARS, RESIDING AT MARAYKKAPARAMBIL, NEAR N.G.O. QUARTERS, KAKKANAD. 2. JOHNEY GEORGE, MALIAKKAL HOUSE, HOUSE NO. 4/700, KARIPALAM, KOCHI. 3. STATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 529 of 2010 ---------------------------------------------------- Dated this the 16th day of February, 2010. ORDER The revision petitioner is the complainant in a private complaint filed as M.P. No. 3619 of 2008 on the file of the Judicial First Class Magistrate-I, Aluva alleging offences punishable under Sections 403, 406, 420 and 120B r/w Section 34 IPC. When the case stood posted for recording the sworn statement, the petitioner was absent and there was no representation and therefore, the learned Magistrate dismissed the complaint under Section 203 Cr.P.C. 2. There might have been some latches on the part of the complainant in not appearing before the court. But he certainly did not deserve a dismissal of his complaint particularly when a private complaint cannot be dismissed under Section 203 at the pre-cognizance stage. Crl.R.P. No. 529/2010 : 2 : 3. The order dated 05.12.2009 passed by the Judicial First Class Magistrate-I, Aluva in M.P. No. 3619 of 2008 is set aside and the matter is remitted to that court for fresh disposal of M.P. No. 3619 of 2008 in accordance with law. The petitioner shall appear before that court without any further notice on 08.03.2010. This revision is disposed of as above. Dated this the 16th day of February, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 529/2010 : 3 :