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february 2009

Supreme Court of India · 2009-02-05

K. Sudhakaran vs State Of Kerala

Citation / case number
AIR 2009 SUPREME COURT 1898
Court
Supreme Court of India
Petitioner
K. Sudhakaran
Respondent
State Of Kerala
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that under Section 341 of the Code of Criminal Procedure, 1973, an appeal can only be filed by a person whose application for a complaint under Section 340 has been refused or against whom a complaint has been made. The Court clarified that since the proceedings were initiated suo motu by the High Court, the State could not file an appeal under Section 341. However, the Court found the High Court's conclusion regarding the maintainability of the revision petition indefensible, thus allowing the appeal and setting aside the High Court's order on revision maintainability.

K. Sudhakaran vs State Of Kerala · Niyam