IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 124 of 2000 ----------------------------- CRRP.65/1994 of SESSIONS COURT, MANJERI CRMP.62/1991 of THE SUB DIVISIONAL MAGISTRATE,PERINTHALMANNA .................... REVN. PETITIONER/RESPONDENT/COUNTER PETITIONER: --------------------------------------------------------------- THERAYIKKAL ACHUTHAN, S/O. KRISHNAN, THEKKUMURI, TIRUR, MALAPPURAM DISTRICT. (TIRUR POLICE STATION LIMIT). BY ADV. SRI.T.KRISHNAN UNNI RESPONDENT/REVISION PETITIONER & STATE): ----------------------------------------------------- 1. P.KUTTAN, S/O.KRISHNAN, PULIYANTHIL, TIRUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI.AMJETH ALI. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.R.P. NO. 124 OF 2000 ORDER ON CMP NO. 724 OF 2000 IN CRL.R.P.NO.124 OF 2000 DISMISSED 07.04.2000 SD/- A.K. BASHEER, JUDGE A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.124 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April 2008 ORDER When this revision petition came up for consideration on April 4, 2008 petitioner was directed to take out notice to respondent No.1 through special messenger. But the petitioner has not taken any steps to serve the notice. 2. I have nevertheless perused the order impugned in this case. Having done so, I do not find any illegality or irregularity in the order passed by the learned Sessions Judge, Manjeri. It is revealed from the records that the above proceeding had originated from a petition filed under Section 133 of the Code of Criminal Procedure before the Sub Divisional Magistrate, Perinthalmanna. Respondent No.1 had challenged the order passed by the learned Magistrate dropping the proceedings, under Section 138 of the Code. The learned Sessions Judge after a careful consideration of the order passed by the learned Magistrate had set it aside and directed the petitioner herein to remove the obstruction in the path way in question within 30 Crl.R.P.No.124 OF 2000 :: 2 :: days, failing which the Sub Divisional Magistrate was directed to remove the same as contemplated under law. I do not find any reason to interfere with the above order passed by the learned Sessions Judge. The revision petition is without any merit. It is accordingly dismissed. (A.K.BASHEER, JUDGE) jes