K SUDHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Kerala High Court allowing the Revision Petition filed by the State. Challenge before the High Court was to the order dated 20.11.1998 in Criminal M.C. No.2081 of 1997 passed by learned First Additional Sessions Judge, Trivandrum. The issue related to the scope and ambit of Section 341 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The High Court examined the question as to whether a person who had not filed an application as required under Section 340 of Code could file an appeal under Section 341 of the Code. The High Court held that a person who had not filed complaint and the proceedings were initiated suo motu by the Court could not file an appeal. But held that a revision petition was maintainable. It is latter part of the revision petition order relating to maintainability before the High Court which is under challenge.

(2.) Learned counsel for the appellant submitted that the scope and ambit of sub-section (2) of Section 341 has been completely lost sight of by the High Court.

(3.) Learned counsel for the respondent on the other hand submitted that the appellant is taking varying stands at different points of time and in the order impugned before the High Court not only the parameters of Sections 340 and 341 were under consideration but also the other relevant aspects.