The High Court of Kerala held that an order dismissing a complaint under Section 203 CrPC is not appealable under Section 372 CrPC. Consequently, the Criminal Appeal invoking Section 378(4) was dismissed as not maintainable, though without prejudice to alternative remedies.
The Criminal Appeal was dismissed as not maintainable.
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 P.G. AJITHKUMAR
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
CRL.A NO. 484 OF 2021
AGAINST THE ORDER IN CRL.M.P. NO.9141 OF 2019 DATED 20.01.2021 ON
THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II,
PATHANAMTHITTA
CRL.L.P. NO.60/2021 - LEAVE GRANTED ON 29.03.2021
APPELLANT/COMPLAINANT:
ADV.VARUGHESE UMMAN
AGED 43 YEARS
S/O. LATE E.M.UMMAN,
EETTINILKUNNATHIL HOSUE,
VAKAYAR P.O.,
KONNI MANGARAM MURI,
KONNI VILLAGE,
KONNI TALUK.
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
U.M.HASSAN
P.PARVATHY
MANAS P HAMEED
AATHIRA SUNNY
ELDHO.N.MONCY
RESPONDENTS/ACCUSED & STATE:
1SALY PAPPACHAND
W/O. PAPPACHAN,
SALY BHAVANAM,
KOKKATHODU P.O.,
KOKKATHODU MURI,
ARUVAPPULAM VILLAGE,
KONNI TALUK,
NOW RESIDING AT KALLUVILAYIL HOUSE,
VAKAYAR P.O., KONNI-689 691.
2JINCY SYJU,
AGED 31 YEARS, W/O SYJU MATHAI,
KALLUVILAYIL HOUSE, V
AKAYAR P.O.KONNI MANGARAM MURI,
CRL.A NO.484 OF 2021
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KONNI VILLAGE, KONNI TALUK-689 6913 PAPPACHAN, SALY BHAVANAM, KOKKATHODU P.O.KOKKATHODU MURI, ARUVAPPULAM VILLAGE, KONNI TALUK, NOW RESIDING AT KALLUVILAYI HOUSE, VAKAYAR P.O.KONNI-689 6914 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. ADV.PUSHPALATHA M.K. -SENIOR PUBLIC PROSECUTORTHIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:CRL.A NO.484 OF 2021
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P.G. AJITHKUMAR, J.
Crl. Appeal No.484 of 2021
Dated this the 15th day of July, 2024
JUDGMENT
This is an appeal filed invoking the provisions of Section 378(4) of the Code of Criminal Procedure, 1973.
not made appealable, this appeal is not maintainable. The appeal is therefore dismissed as not maintainable, but without prejudice to the right of the appellant to challenge the impugned order in an appropriate proceedings.
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CRL.A NO.484 OF 2021
exclusion of the period during which this appeal has been pending before this Court in view of the provisions of Section 14 of the Limitation Act, 1963.
The Registry is directed to return the certified copy of the impugned judgment to the leaned counsel for the appellant
after retaining its photocopy along with the records.
Sd/P.G. AJITHKUMAR JUDGE
SMF
2 issues framed by the court
Whether an order of a Magistrate dismissing a complaint under Section 203 CrPC is maintainable as a Criminal Appeal under Section 378 CrPC.
Whether Section 372 CrPC bars appeals from orders not expressly made appealable by the Code.
3 provisions across 1 enactments
Adv. Varughese Ummann
Saly Pappachand
Jincy Syju
Pappachan
State of Kerala
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court