IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.Rev.Pet.No. 587 of 2010() ----------------------------- CMP.1179/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER(S): REVISION PETITIONER/COMPLAINANT: ----------------------------------------------------------------------------------------------------- MUHAMMED SHAREEF, S/O.SHAMSUDEEN, EDAVANAKKATT HOUSE, KARA EDAVILANGU. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT(S): STATE ----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.587 of 2010 = = = = = = = = = = = = = = Dated this the 19 th day of February, 2010 ORDER The petitioner who was the complainant in a private complaint filed as C.M.P.No.1179 of 2009 on the file of the J.F.C.M, Kodungallur for offences punishable under Sections 387,467,468,448 and 452 IPC challenges the order dated 8.10.2009 passed the Magistrate dismissing the complaint under Section 203 Cr.P.C. The complaint was dismissed after enquiry under Section 202 Cr.P.C. However, the impugned order dismissing the complaint is a cryptic order which does not give reasons. It reads as follows:- This is a petition filed under Section 190 and 200 Cr.P.C alleging offences under Sections 387,467,468,448 & 452 IPC against the accused. 2. Complainant absent. No representation. Perused the records. No manifest error in the investigation. No prima facie case made out. Hence the petition is dismissed under Section 203 Cr.P.C. The learned Magistrate ought to have noticed that Crl.R.P. No.587 of 2010 2 since he was terminating the proceedings prematurely by deciding not to proceed further he had a duty to give reasons in support of his order. The impugned order is an apology for a speaking order. The same is set aside and C.M.P.No.1179/2009 on the file of the J.F.C.M, Kodungallur will stand restored to file with a direction to dispose it of in accordance with law. Dated this the 19th day of February, 2010. V. RAMKUMAR, JUDGE sj