IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Crl.MC.No. 2227 of 2009() ------------------------- CRRP.4/2007 of I ADDL. SESSIONS COURT, THRISSUR CC.1413/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONER(S): REVISION PETITIONER:COMPLAINANT: ----------------------------------------------------------------------------------- GEORGE LAZAR, S/O. LAZAR, AGED 37 YEARS, CHEMBAKASSERY HOUSE, KIZHAKKUMPATTUKARA, KOONAMMAVU, THRISSUR DISTRICT. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): RESPONDENTS:ACCUSED: -------------------------------------------------------------------- 1. THOMAS, S/O. JOSEPH, IRIMBAN HOUSE, CHALAKUDY, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2227 OF 2009 ------------------------------------------ Dated 27th July 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure for quashing Annexure-C order of First Additional Sessions Judge, Thrissur in Crl.R.P.4/2007. Private complaint filed by petitioner alleging an offence under Section 279 of Indian Penal Code ended in acquittal. Even though an appeal is available as provided under Section 378(4) of Code of Criminal Procedure, petitioner without filing appeal filed the revision. Learned Sessions Judge rightly dismissed the revision as not maintainable as remedy of the petitioner is to file an appeal against an order of acquittal. Petitioner is not entitled to approach this court under Section 482 of Code of Criminal Procedure without filing an appeal. Petition is dismissed. Dismissal of this petition will not effect the right of the petitioner to prefer an appeal against the order of acquittal if delay is condoned. M.SASIDHARAN NAMBIAR, JUDGE. uj.