IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.Rev.Pet.No. 1976 of 2009() ------------------------------ CC.169/2005 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S)/DEFACTO COMPLAINANT/INJURED: --------------------- VIJAYAN.M.M., 57 YEARS, S/O.ACHUTHAN, VIJAYA BHAVAN, THALAMUNDA, PO.KOODALI, KANNUR TALUK. BY ADV. SRI.M.SASINDRAN RESPONDENT(S)/STATE AND ACCUS: --------------- 1. STATE, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SREEDHARAN, AGED 59 YEARS, S/O.KUNHIRAMAN, RETIRED A.S.I. NEAR POOVATHUMTHARA PO.MOUVANCHERRY PUBLIC PROSECUTOR SHRI JAYAKRISHNAN FOR R1 SRI.M.RAMESH CHANDER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1976 of 2009 -------------------------------------- Dated this the 29th day of June, 2009. ORDER Admit. Public Prosecutor takes notice for respondent No.1. Respondent No.2 appears through counsel. 2. This revision is in challenge of acquittal of respondent No.2 in C.C.No.169 of 2005 of court of learned Chief Judicial Magistrate, Thalassery. It is alleged that respondent No.2 voluntarily caused hurt to petitioner, criminally intimidated him and thereby committed offences punishable under Sections 323, 324 and 506(ii) of the Indian Penal Code. Alleged incident occurred on 21.6.2004. 3. It is not disputed that in respect of same incident, petitioner faced trial in C.C.No.247 of 2004 of court of Chief Judicial Magistrate, Thalassery. That case arose on basis of information given by respondent No.2. That case ended in conviction of the petitioner. Petitioner has preferred Crl.Appeal No.476 of 2007 which is now pending consideration in the court of learned Sessions Judge, Thalassery. Crl.RP No.1976/2009 2 4. Since both cases have been arisen from the same incident proper course is that learned Sessions Judge heard this revision also along with Crl.Appeal No.476 of 2007. Counsel on both sides also agreed to that course of action. Accordingly, this revision is made over to the Sessions Court, Thalassery for disposal along with Crl.Appeal No.476 of 2007. Parties hereto shall appear in that court on 27.7.2009. Registry shall transmit this revision to the Sessions Court, Thalassery forthwith. THOMAS P.JOSEPH, Judge. cks “Crl.Appeal No.476 of 2007” occurring in 3rd and 4th and last paragraphs of the order dated 29/06/2009 in Cr.R.P.1976/2009 is corrected as “Crl.Appeal No.478/2007” as per order dated 13/08/2010 in Crl.R.P.1976/2009. Sd/- Registrar (Judicial)