Bhaskar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 Crl.MC.No. 190 of 2015 () -------------------------- CMP 1318/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM ================ PETITIONER/CLAIM PETITIONER/ACCUSED:

--------------------------------------------------------------- BHASKAR, AGED 41 YEARS S/O. VELUCHAMI @ VELLAIPAPPAN, D/NO.45/25 MARIYAMMAN COVIL VILLAGE, KONDANGIPETTY P.O.

PERIYAKULAM TALUK, THENI DIST, THAMILNADU.

BY ADV. SRI.M.J.SANTHOSH RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, RAILWAY P.S. REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 190 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- A - TRUE COPY OF ORDER IN CRL.M.P NO. 1318/2014 IN CRIME NO. 90/2013 OF RAILWAY POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ERNAKULAM.

RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.190 of 2015 --------------------------------------- Dated this the 9th day of February, 2015

O R D E R

An order passed by the learned Judicial First Class Magistrate Court-I, Ernakulam under Section 452 Cr.P.C. is under challenge. It is not known why the petitioner has come under Section 482 Cr.P.C., when remedy is available by way of appeal under Section 454 Cr.P.C. It is not known whether the petitioner had brought such an appeal under Section 454 Cr.P.C. Any way, there is no representation for the petitioner now. The petition does not contain any explanation why this proceeding is brought, when the right remedy is available under the law, against the impugned order, under Section 454 Cr.P.C.

In the result, this Crl.M.C. is dismissed.

Sd/- P. UBAID, JUDGE sd