IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 552 of 1999()
1. PUTHEDATH METALS,E.K.M.
... Petitioner
Vs
1. P.M.VINOD
... Respondent
For Petitioner :SRI.K.C.CHARLES.
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
Dated :29/11/2006
O R D E R
J.B.KOSHY, J.
-------------------------------
Criminal Appeal.No.552 OF 1999 ()
-----------------------------------
Dated this the 29th day of November, 2006
JUDGMENT
This appeal is filed by the complainant against the
acquittal of the accused under Section 256(1) of the Code of
Criminal Procedure. Though 1st respondent was granted bail
on 17.7.1998, subsequently he was absent and his bail was
cancelled. Even though on several occasions case was posted
and complainant was present, accused was not present and
steps were pending for production of the accused. Before the
production of the accused accused was acquitted. Trial court
should not have acquitted the accused under Section 256 (1) of
Cr.P.C. merely because complainant was absent on one day of
posting. Considering the facts and circumstances of the case, I
am of the opinion that one more opportunity should be given
and hence the impugned order is set aside and I remand the
matter to the Trial court for continuing the proceedings.
Appellant should be present before the Trial court on 9.1.2007.
Fresh steps should be issued for production of the accused.
CRL.APPEAL.552/1999 2
If any advocate had entered appearance for the accused, date
of posting also should be intimated to him as notice issued
from this Court was evaded by accused. Hence appeal is
allowed by way of remand.
J.B.KOSHY, JUDGE
prp
J.B.KOSHY
————————–
Criminal.Appeal.552 OF 1999
—————————-
JUDGMENT
29th November, 2006