High Court held that Criminal Revision Petition is not maintainable when appeal under Section 378(4) Cr.P.C. is the available remedy against acquittal under Section 256 Cr.P.C., dismissing the petition.
Criminal Revision Petition dismissed without prejudice to petitioner's right to seek appropriate remedy.
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.G.ARUN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
CRL.REV.PET NO. 428 OF 2023
AGAINST THE ORDER IN CC 1526/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,TRIVANDRUM
REVISION PETITIONER/COMPLAINANT:
SAJITHA A. AGED 52 YEARS W/O K. BASHEER, PLOT NO.50, TILAK NAGAR, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM DIST.,PIN – 695015
BY ADV. S. JUSTUS
RESPONDENTS/ACCUSED NO.1 TO 4 & STATE:
BY ADV. RENJITH GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P.No.428 OF 2023
2
ORDER
Dated this the 22nd day of June, 2023
This Revision Petition is filed against the order of
acquittal rendered under Section 256 of the Cr.P.C.
appeal, following the procedure under Section 378(4) of Cr.P.C., the Criminal Revision Petition is dismissed, without prejudice to the petitioner's right to seek appropriate remedy.
The Registry shall return the certified copy of the impugned judgment to the petitioner.
Sd/-
V.G.ARUN
JUDGE
NB/22-6
Crl.R.P.No.428 OF 2023
3
APPENDIX OF CRL.REV.PET 428/2023
PETITIONER’S ANNEXURES:
ANNEXURE-A1 CERTIFIED COPY OF THE COMPLAINT IN C.C. NO. 1526/2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM ANNEXURE-A2 CERTIFIED COPY OF THE PROCEEDINGS OF JFMCIII, THIRUVANANTHAPURAM IN C.C. NO.1526/2016 RESPONDENTS’ EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
2 issues framed by the court
Whether a criminal revision petition is maintainable when an appeal under Section 378(4) Cr.P.C. is the available remedy.
Whether the High Court can reopen a disposal of Section 256 Cr.P.C. when the proper remedy is an appeal.
SAJITHA A.
SAMSON AND SONS BUILDERS AND DEVELOPERS PVT LTD
JACOB SAMSON
JOHN JACOB
SAMUEL JACOB
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
