IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2309 of 2008() ------------------------- CMP.3653/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER: ------------ T.J.JACOB, THAZHATHEL VEETTIL, CHEPPUKULAMKARA UDUMBANNOOR, THODUPUZHA. BY ADV. SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. K.T.THOMAS, KOCHUPARAMBIL VEEDU, THODUPUZHA EAST P.O, THODUPUZHA. 3. REMMY THOMAS, KOCHUPARAMBIL VEEDU, THODUPUZHA EAST P.O, THODUPUZHA BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2309 of 2008 ------------------------------------- Dated this the 19th day of June, 2008 ORDER Petitioner is the complainant in a private complaint filed before the learned Magistrate alleging commission of offences punishable, inter alia, under Sections 420 and 409 I.P.C. The learned Magistrate by the impugned order, evidently passed under Section 203 I.P.C, proceeded to dismiss the complaint. The petitioner has come to this Court to invoke the jurisdiction of this Court under Section 482 Cr.P.C. 2. After discussions at the Bar, the learned counsel for the petitioner fairly submits that revision is maintainable against the impugned order and in these circumstances without prejudice to the rights of the petitioner to challenge the impugned order in revision, this Crl.M.C may be dismissed. The request is accepted. 3. This Crl.M.C is, in these circumstances, dismissed as agreed. Return the certified copies of the orders to the learned counsel for the petitioner forthwith. The learned counsel for the petitioner submits that observations may be made about right of the petitioner to get the delay condoned. The petitioner must raise his plea for condonation of delay, if any, before the Revisional Court. (R.BASANT, JUDGE) rtr/- 2