KOSHY K. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS revision petition is directed against an order passed under S.258 CrPC by the learned Magistrate dropping further proceedings. The short contention raised by the learned counsel for the petitioner is that the learned Magistrate has gone perversely wrong in assuming that powers under S.258 CrPC (Code of Criminal Procedure) can be invoked in the facts and circumstances of the case.

(2.) THE proceedings have been instituted on the basis of a private complaint. Cognizance was taken of the offences punishable under S.341 and S.323 IPC (Penal Code, 1860) on the basis of the complaint lodged by the petitioner herein.

(3.) AFTER the decision in Adalat Prasad v. Rooplal Jindal, 2004 KHC 1137 : 2004 (3) KLT 382 : 2004 (2) KLJ 727 : 2004 (7) SCC 338 : AIR 2004 SC 4674, the dictum in K. M. Mathew v. State of Kerala, 1992 KHC 4 : 1992 (1) SCC 217 : 1992 SCC (Cri) 88 : AIR 1992 SC 2206 : 1992 (1) MWN (Cr) 36 : 1992 (2) Punj LR 35 : 1992 (1) KLT 1 stands overruled and the Magistrate who has once issued processes has no jurisdictional competence to review his own order and drop proceedings. So reckoned, it is evident that the proceedings must continue and must be disposed of in accordance with law and afresh by the learned Magistrate.