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K.K.Musthfa vs State Of Kerala

High Court Of Kerala|19 June, 2014
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JUDGMENT / ORDER

An order passed by the revenue Tahsildar, Koyilandy on 6.1.2014 in Proceedings No.D1-12029/13 is under challenge in this revision. On hearing the learned counsel I find that this revision is liable to be dismissed as not maintainable. The impugned order shows that it is an order passed by the Tahsildar in his capacity as revenue Tahsildar, and not as Executive Magistrate. The impugned order further shows that the law involved in the matter is not the Code of Criminal Procedure, but the Land Conservancy Act and the Rules thereunder. There is nothing to show that it is not an order passed under the Code of Criminal Procedure. If it is an order passed under any other law than Cr.PC, the remedy lies elsewhere. Thus I find that this revision is in fact liable to be dismissed as not maintainable, because it is not an order passed under Crl.R.P.No.355/2014.
2 the Code of Criminal Procedure. A revision can be brought under Section 397 Cr.PC only against an order passed under the Code of Criminal Procedure, or under any other law, if such remedy is specifically provided under the said law.
In the above circumstances, this revision petition is dismissed, without prejudice to the right to seek appropriate remedy. The revision petitioner can take back the order for pursuing proper relief.
Sd/-
P. UBAID, (Judge) Kvs/-
-// true copy //-
PA TO JUDGE.
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Title

K.K.Musthfa vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 June, 2014
Judges
  • P Ubaid
Advocates
  • Smt Vijayakumari