IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 143 of 2003()
1. PRAKASAN, S/O. NARAYANAN,
... Petitioner
Vs
1. V.J.JOJO,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.A.SHAMSUDEEN
For Respondent :SRI.P.K.SAJEEV
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/06/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.A.NO.143 OF 2003
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Dated this the 10th day of June, 2009
JUDGMENT
This is an appeal preferred against the order of acquittal
passed in S.T.No.782/2001 of the JFCM, Kodungallur. It is
the case of the complainant that an arrest warrant was issued
against the accused and it was not being executed. On the
unfortunate day though he was outside the court, he did not
hear about the calling of his case and as his counsel was
absent, the matter ended in acquittal.
2. Notice is given to the respondent/accused. Since the
accused has entered appearance before this Court, I direct
him to appear before the court below also on a particular
date so as to have further proceedings in a smooth
atmosphere. The reasons alleged are genuine and an
opportunity can be given and therefore, the order of acquittal
under Section 256(1) is set aside and the learned Magistrate is
directed to restore the case and proceed in accordance with law
after giving sufficient opportunities to both sides. I direct
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both the accused and the complainant to appear before the
lower court on 14.7.2009. I hope that the accused again will
not make the court to issue non-bailable warrant. The court
also shall release the accused on bail when he enters
appearance before the court.
M.N. KRISHNAN, JUDGE
cl
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M.N. KRISHNAN, J.
CRL.A.NO.143 OF 2003
JUDGMENT
10th day of June, 2009
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