IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 1728 of 2008() ------------------------------ CMP.2872/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER/COMPLAINANT: MAJOR YOUTH CLUB, PAPPINISSERI, REPRESENTED BY ITS SECRETARY, K.R. PETER, S/O. RAFEAL, KUNNETH HOUSE, THURUTHIKOVUAL, P.O. PAPPINISSERI, KANNUR DISTICT. BY ADV. SRI.K.V.SOHAN RESPONDENTS/ACCUSED: 1. C.P. MARIYUMMA, W/O. LATE HAMZAKUTTY, PALLITHARAMMAL OTTODI PUTHIYAPURAYIL HOUSE, EZHOM AMSOM DESOM, P.O. EZHOME, KANNUR. 2. C.P. SUHARABI, D/O. MARIYUMMA, - DO - 3. C.P. MUHAMMAD RAFI, S/O. MARIYUMMA, - DO - 4. C.P. KUNHAMINA, D/O. MARIYUMMA, - DO - 5. C.P. MOHAMMED ALI, S/O. MARIYUMMA, - DO - 6. KATHICAL PUTHIYAPURAYIL IBRAHIM, S/O. C.P. PAKURAN, P.O. MORAZHA, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 TO 6 SRI.KAUSER EDAPPAGATH FOR R6 SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1728 of 2008 ========================== Dated this the 3rd day of June, 2008. ORDER The petitioner which is a club by name “Major Yuoth Club” filed a private complaint before the Judicial First Class Magistrate- II, Kannur against 6 accused persons alleging offences punishable under Sections 465, 468, 469 and 471 r/w Section 34 IPC. The petitioner's case was that while the complainant Club was in possession and enjoyment of 31 cents of land comprised in R.S. No. 253/6 of Pappinisseri amsom and desom as a playground uninterruptedly for the past 4 decades, the accused persons fraudulently obtained a purchase certificate from the Land Tribunal with regard to the said property by committing forgery in the assignment deed No. 782/72 of Sub Registry Office, Kalliassery. 2. After considering the the sworn averment of the complainant and its witnesses, the learned Magistrate came to the conclusion that the complainant Club had not produced documents to prove its possession or enjoyment of the property CRL.R.P. NO. 1728/2008 : 2: for the past four decades as alleged and that there is no prima facie case in support of the charge. The complaint was accordingly dismissed under Section 203 Cr.P.C. It is the said order which is assailed in this revision. 3. In as much as the petitioner had no documentary evidence to support the allegations in the complaint and the allegations at best may give rise to a cause of action for a civil suit, I am not inclined to interfere with the discretion validly exercised by the Magistrate. This Crl.R.P is accordingly dismissed. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1728/2008 : 3: V. RAMKUMAR, J ------------------------------------------- CRL. R.P. NO. 1728 of 2008 ---------------------------------------- 3rd day of June, 2008 ORDER CRL.R.P. NO. 1728/2008 : 4: