OMANAKUTTY AMMA Vs. SAJEEVKUMAR M R

JUDGEMENT

(1.) Whether a "copy of the plaint" in a suit pending before a civil court can be treated as 'reliable evidence' as required in Section 137(2) of the Code of Criminal Procedure (hereinafter referred for short as ' Code of Criminal Procedure '), is the short question to be considered in this Criminal Revision Petition. The challenge in this Crl.R.P. is against the order dated 9.6.2010 in File No. F- 1224/05/(D) of the Sub Divisional Magistrate, Alappuzha, which is a proceedings issued under Section 138 of the Code of Criminal Procedure For the better understanding of the above question, the necessary facts involved in the above revision petition are absolutely inevitable which I shall now refer in brief.

(2.) The Petitioners, four in number, are the counter Petitioners in the above proceedings. The Respondents 1 to 5 herein are the Petitioners in the said proceedings, who approached the court below by filing a petition under Section 133 of the. Code of Criminal Procedure alleging that the revision Petitioners herein have interfered with the right to public pathway having a width of 12 links.

(3.) On the appearance of the Respondents, they have filed a counter affidavit in the above revision petition along with which they have produced Annexures R3, R3(a) and R3(b) documents and also a petition to vacate the interim order issued by this Court. During the pendency of the above Crl.R.P, the Petitioners in the revision petition have preferred Crl.M.A. No. 8623 of 2010 to receive the documents which are produced along with the said petition and marked as Annexures XI,XII,XIII,XIV and XV. In the above petition against the prayer to accept additional documents, the third Respondent therein had filed a counter affidavit along with which the third Respondent has produced Annexure R3(c) report of the Tahsildar, Cherthala along with the location map, submitted before the Revenue Divisional Officer in the above proceedings. Thus, the pleadings are complete.