P REHIM Vs. BINOY VISWAM

JUDGEMENT

(1.) In this Revision filed under S.397 read with S.401 CrPC the revision petitioner who was the complainant in a private complaint filed as Crl. MP No. 956 of 2007 before the Enquiry Commissioner and Special Judge, Thiruvananthapuram, (hereinafter referred to as "the Special Judge" for short), alleging the commission of an offence under S.13(1)(d) and punishable under S.13(2) of the Prevention of Corruption Act, 1988 and S.120B IPC, challenges the dismissal of the said complaint by the Special Judge.

(2.) I heard Adv. Sri. K. Harilal, the learned counsel appearing for the revision petitioner / complainant. At the stage of hearing on admission of this revision petition, I had heard Adv. Sri. P. G. Thampi, the learned Director General of Prosecutions. Now, at the stage of final hearing I also heard Adv. Sri. P. N. Sukumaran, the learned Public Prosecutor.

(3.) Eventhough in a revision against an order of rejection of a private complaint without taking cognizance, the accused have no right to be heard, since they were made as respondents 1 to 3 in this Revision and also since this Court had ordered notice in this Revision, I gave an opportunity of being heard to respondents 1 to 3 who were represented by Sr. Adv. Sri. T. Krishnanunni, Sr. Adv. Sri. N. Nandakumara Menon and Adv. Sri. S. Sanal Kumar respectively.