The High Court of Kerala set aside a Magistrate's dismissal of a complaint under Section 203 Cr.P.C. held to be nonspeaking because it failed to state reasons. The court directed reconsideration.
Impugned order set aside; petitioner directed to appear before the Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930
Crl.Rev.Pet.No. 302 of 2009()
----------------------------CRMP.7015/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURTI,CHALAKUDY
REVN. PETITIONER(S): PETITIONER
THOMAS, S/O. OUSPEH, AGRICULTURIST, KARATHRA HOUSE, P.O. ASHTAMICHIRA, VADAKKUMBHAGOM VILLAGE, MUKUNDAPURAM TALUK.
BY ADV. SRI.C.DILIP
SRI.M.N.UNNIKRISHNAN
RESPONDENT(S): RESPONDENTS
VADAKKUMMURI VILLAGE, MUKUNDAPURAM TALUK
PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl.R.P. NO. 302 of 2009**
*** * * * * * * * * * * * * * * * * * Dated: 18**th February, 2009
ORDER
In this Revision filed under Section 397 read with Sec. 401 Cr.P.C. the revision petitioner who was the complainant in a private complaint filed as C.M.P. No. 7015 of 2008 before the J.F.C.M. Chalakkudy alleging offences punishable under Sections 415 and 420 I.P.C. challenges the order dated 5-09-2008 passed by the learned Magistrate dismissing the complaint presumably under Sec. 203 Cr.P.C., after conducting an enquiry under Sec. 202 Cr.P.C.
summons to the accused, notice to the first respondent/accused is dispensed with in this Revision.
Crl.R.P. NO. 302 of 2009 -:2:-
also the result of the enquiry, if any, under Sec. 202 Cr.P.C. Such consideration should be discernible from the text of the order passed by the Magistrate or else it may not be possible for a superior court to evaluate the reasons which prompted the Magistrate to dismiss the complaint. The impugned order is a nonspeaking order and is liable to be interfered with for that sole reason and is, accordingly, set aside.
The Revision Petitioner shall appear before the learned Magistrate on 10-3-2009 without any further notice.
Sd/-V. RAMKUMAR, (JUDGE)
/true copy/
ani.
2 issues framed by the court
Whether a complaint record is liable to be set aside under Section 397/401 Cr.P.C. if the order of dismissal is nonspeaking and fails to state the reasons for finding no prima facie case.
Whether dismissal under Section 203 Cr.P.C. at the post-cognizance stage requires consideration of statements on oath and the result of enquiry under Section 202 Cr.P.C.
4 provisions across 2 enactments
Thomas
State of Kerala, represented by Public Prosecutor
V. Ramkumar
As recorded by the court registry
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