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.