High Court Kerala High Court

Vidhyasagar vs P.D.Antony on 1 March, 2007

Kerala High Court
Vidhyasagar vs P.D.Antony on 1 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 2029 of 2003()


1. VIDHYASAGAR,
                      ...  Petitioner

                        Vs



1. P.D.ANTONY, S/O.DEVASSY,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.E.A.THANKAPPAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :01/03/2007

 O R D E R
                               J.M.JAMES, J.

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                      Crl.A No.  2029  of   2003 (D)

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                   Dated this the 1st day of March, 2007


                              J U D G M E N T

The complainant was absent when C.C.No. 943(A)/

2003 was taken up by the Additional Chief Judicial Magistrate,

Ernakulam, on 15/10/2003. Therefore, complaint was dismissed

and accused acquitted. Hence, this appeal, on obtaining leave.

2. The counsel produced the attested copy of C.C

Register of the court below. The counsel, relying on the

register, submitted that the entry in respect of C.C. No.943(A)/

2003 was subsequently entered in a different handwriting and

the said entry on 15/10/2003 was in contrary to the date given to

the appellant, when the sworn statement was taken on

27/06/2003 and the case having adjourned to 06/11/2003.

3. Though the service is complete, there is no

representation from the first respondent, the accused. After

going through the facts that are involved in this case, I hold that

an opportunity be given to the parties to adduce evidence and

raise their contentions.

Crl.A.No.2029/2003 (D)

2

4. Therefore, I set aside the impugned order dated

15/10/2003 and restore C.C.No.943(A)/2003 to the file of

Additional Chief Judicial Magistrate Court, Ernakulam.

5. The appellant shall appear before the court

below on 02/04/2007.

6. The first respondent accused being not present

before this Court, the lower court shall take coercive steps and,

on appearance/production of the accused, hear both sides and

dispose of the case, as per the law, at the earliest, in any case,

within four months thereon.

The appeal is allowed as above.

(J.M.JAMES)

Judge

ms