MAHESH M v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-11. MAHESH M v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:31881 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TH FRIDAY, THE 11 DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 CRL. REV. PET NO. 286 OF 2025 CRIME NO. 861/2024 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER DATED 28. 10. 2024 IN CMP NO. 5198 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, THIRUVANANTHAPURAM REVISION PETITIONER/PETITIONER/2ND ACCUSED: MAHESH M AGED 52 YEARS S/O MANIYAN, TC. 76/336, VADAVOOR VEEDU, ANAYARA P. O THIRUVANANTHAPURAM, PIN - 695029 BY ADVS. G. RANJU MOHAN M. SANTHI (K/868/2011) PYARIN B. KURUVITHADAM THEERTHA NAIR A. P. RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV. SRI. M. P. PRASANTH, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11. 04.
2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31881 ORDER This Criminal Revision Petition has been filed challenging the order passed by the Judicial First Class Magistrate Court-III, Thiruvananthapuram in an application under Section 497 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 [Section 451 of the Criminal Procedure Code (Cr. P. C. )]. 2. The learned Public Prosecutor, Sri. M. P. Prasanth has raised an objection that the revision is not maintainable. The learned Public Prosecutor has relied on a decision of the Single Bench of this Court in Yadav Agencies (P) Ltd. v. Philomina [1985 KHC 124] , in which it is held that the revision under Section 397 of Cr. P. C. is not maintainable against an order passed under Section 451 of Cr. P. C. Hence, this Criminal Revision Petition is dismissed without prejudice to the right of the petitioner to challenge the impugned order in accordance with law. Sd/- DR.
KAUSER EDAPPAGATH JUDGE BR 2025:KER:31881 APPENDIX OF CRL. REV. PET 286/2025 PETITIONER’S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE ORDER IN C. M. P. NO. 5198/2024 IN CRIME NO. 816/2024/2023 DATED 28-10-2024 RESPONDENT’S ANNEXURES: NIL
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