IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.Rev.Pet.No. 1019 of 2009() ------------------------------ CMP.246/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- A.SILVESTER, AGED 50 YEARS, S/O.AMBROS, JMJ AUTOMOBILES, PRESIDENT KARUNA GENERAL DEVELOPMENT SOCIETY NO.156/06, DESIYA PRETHIKARANA VEDHI, M.P.XIV/263, MANANTHAVADY, PIN-670 645, WAYANADU DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.BINOI GEORGE (CHERUKARA) SRI.VINUCHAND RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FR.SEBASTIAN KARUKAPARAMBU, AMALOLBAVA MADHA DEVALAYAM, MANANTHAVADY. 3. STEPHEN @ BABU, AMBUKUTHY, MANANTHAVADY. 4. BABY, TELEPHONE LINEMAN, MANANTHAVADY. 5. PRAVEENKUMAR, SYMPHONY LIGHT AND SOUND, VELANKANNY COMPLEX, MANANTHAVADY. 6. FRANCIS, RESIDING AT GORYMOOLA, ERUMATHERUVU, MANANTHAVADY. 7. FRANCIS BABY, S/O.NICHOLAS, FOCUS STUDIO, NEAR JOSE TALKIES, MANANTHAVADY. R1 BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.1019 of 2009 -------------------------------------- Dated this the 21st day of May, 2009. ORDER Public Prosecutor takes notice for respondent No.1. Notice to respondent Nos.2 to 7 is dispensed with since the order is one under Section 203 of the Code of Criminal Procedure (for short, “the Code”). 2. Petitioner filed a private complaint against respondent Nos.2 to 7 for various offences alleging that they formed unlawful assembly, trespassed into his property, committed mischief and attempted to cause his death. In connection with the same incident, police had registered Crime No.492 of 2007 and not satisfied with that, petitioner filed C.M.P.No.246 of 2008 . The case was stayed under Section 210 of the Code since investigation of Crime No.492 of 2007 was going on. After filing the final report in that case, C.M.P.No.246 of 2008 was posted for sworn statement. It is seen from the order under challenge and it is not disputed by counsel for petitioner also that petitioner did not give evidence regarding the alleged incident because he was allegedly facing threat from respondents 2 to 7. Learned counsel submits that petitioner is prepared to give evidence in the trial court if an opportunity is given. 3. In the facts and circumstances of the case, I am inclined to grant an opportunity to the petitioner to give evidence. Crl.R.P.No.1019/2009 2 Resultantly, revision is allowed. Order under challenge is set aside and C.M.P.No.246 of 2008 is remitted to the court below for enquiry. Petitioner shall appear in that court on 12.6.2009 without fail. THOMAS P.JOSEPH, Judge. cks