IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.Rev.Pet.No. 3579 of 2008() ------------------------------ ST.780/2008 of JUDICIAL FIRST CLASS MAGISTRATE VI, ERNAKULAM .................... REVN. PETITIONER(S): COMPLAINANT ------------------------------------------ M/S.EICHER MOTORS LIMITED MS & S CENTRE BUILDING, GROUND FLOOR, DOOR NO.35/1947 A, NEXT TO INTERNATIONAL STADIUM PALARIVATTOM, COCHIN REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, SATHEESH D.,ASSISTANT MANAGER AUTO FINANC, EICHER MOTORS, ERNAKULAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE ---------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3579 & 3585 OF 2008 =========================== Dated this the 7th day of November,2008 ORDER Revision petitioner is the complainant in S.T.780/2008 and S.T.779/2008 before Judicial First Class Magistrate-VI, Ernakulam. Both the complaints were originally filed before Chief Judicial Magistrate, Ernakulam. They were transferred to Judicial First Class Magistrate-VI, Ernakulam. Both the complaints were dismissed under sub section (4) of Section 204 of Code of Criminal Procedure on 19.5.2008 recording that complainant was absent, no representation, no steps taken. The orders are challenged in the revisions filed under section 397 read with section 401 of Code of Criminal Procedure. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel submitted that eventhough complaints were filed before the Chief Judicial CRRP 3579/08 & 3585/2008 2 Magistrate and cognizance was taken, they were transferred to Judicial First Class Magistrate-VI, Ernakulam and on the first posting day the complaints were dismissed and the petitioner was not aware of the posting date and hence no representation could be made and in the interest of justice an opportunity may be granted to the petitioner and petitioner will take steps without any delay. 4. Considering the fact that complaints were dismissed for the reason that petitioner did not take steps, in the interest of justice the order dated 19.5.2008 passed by the Judicial First Class Magistrate-VI, Ernakulam in S.T.780/2008 and S.T.779/2008 are set aside. The complaints are restored to file. Judicial First Class Magistrate-VI is directed to dispose the complaints in accordance with law. Petitioner is directed to take steps as directed by the learned Magistrate in both the cases within two weeks and shall appear before the learned Magistrate on 26.11.2008. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006