IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1128 of 2009()
1. SUSAMMA KUNJUMON, AGED 47 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. PONNAMMA SAMUEL, AGED ABOUT 55 YEARS,
3. BINU SAMUEL, AGED ABOUT 35 YEARS,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/06/2009
O R D E R
M.N. KRISHNAN, J.
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CRL. R.P. NO. 1128 OF 2009
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Dated this the 2nd day of June, 2009.
O R D E R
This revision is preferred against the order of acquittal
in C.C.149/05. It was a case moved as a private complaint
which was referred to the police u/s 156(3) Cr.P.C. and
prosecution was initiated thereafter. The allegations are that
the accused trespassed into the property of CW1 and the 2nd
accused destroyed the rubber, chillu etc. and there was
wrongful confinement by the first accused and also the
allegation of infliction of injuries with a rubber stick. The
independent witnesses to the prosecution are CWs.3 to 6.
The Court gave a large number of opportunities to the
prosecution to produce CWs.3 to 6. There were issuance of
non-bailable warrants and ultimately the Court decided to
close the evidence of the prosecution and arrived at a
decision that the materials are not sufficient to prove the
guilt of the accused.
Crl.R.P. 1128 OF 2009
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Unlike other cases, this is a case moved as a private
complaint and there was always a responsibility for the
complainant as well to procure the presence of the
witnesses. Keeping silent and quiet at that point of time and
thereafter coming to this Court with a prayer to set aside the
order of acquittal is not proper. One has to be vigilant.
What prompted the complainant to loose interest in the
prosecution is his own fault and therefore I do not want to
interfere with the order of acquittal passed by the learned
Magistrate. Therefore, this Crl.R.P. is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-