IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 639 of 2011() ---------------------------------- C.M.P.NO.7506/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): COMPLAINANT ---------------------------------------------- NELSON GOMAS, S/O.ANTONY GOMAS, FERNANDEZ VILLA, CHIRAKKADAVAM, KAYAMKULAM-690502. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ACCUSED AND STEATE ------------------------------------------------------------- 1. K.PUZHPADAS, S/O.KUNJU PILLAI, KOODARI VEEDU, CHIRAKKADAVAM, KAYAMKULAM-690 502. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.639 of 2011 --------------------------------------- Dated this 10th day of March, 2011 ORDER The complainant in C.M.P.No.7506 of 2010 of the Court of learned Judicial First Class Magistrate, Kayamkulam challenges order dated 28.12.2010 dismissing the private complaint under Sec.203 of the Code of Criminal Procedure (for short, "the Code”) after holding an inquiry under Sec.202 of the Code. Since the learned Magistrate has passed a final order by which the complaint is dismissed, the order is amenable to a revision under Sec.397(i) of the Code. In view of that, a petition under Sec.482 of the Code is not maintainable. Hence this petition is closed without prejudice to the right of petitioner to challenge the impugned order in revision before the appropriate forum. Documents produced by the petitioner shall be returned to the counsel for petitioner. The period during which this petition was pending in this Court (from 01.03.2011 till this day) shall be excluded while computing the period of limitation for filing the revision. (THOMAS P JOSEPH, JUDGE) Sbna/-