IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1283 of 2007()
1. K.P.ASOKAN, S/O. LATE VELUKUTTY,
... Petitioner
Vs
1. V.P.SAJU, S/O. MADHAVAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent :SRI.T.K.RADHAKRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/06/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.A.NO.1283 OF 2007
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Dated this the 18th day of June, 2009
JUDGMENT
This is an appeal preferred against the order of acquittal
passed under Section 256(1) of the Cr.P.C in S.T.No.3823/2004
of the JFCM-I, Ottapalam. A perusal of the order would revel
that the complainant did not enter appearance in spite of
posting it as a last chance. A perusal of the memorandum of
appeal would show that the complainant could not appear in
person before the court to prosecute the proceedings and it is
submitted therein that an application has been filed for
excusing his absence. It shows his interest in prosecuting
the case.
2. I feel that an opportunity has to be given to meet the
ends of justice. Therefore the order of acquittal passed under
Section 256(1) Cr.P.C is set aside and the lower court is
directed to restore the case back to file after affording equal
opportunities to both the complainant as well as the accused
to adduce both documentary and oral evidence in support of
their respective contentions. The complainant is directed to
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appear before the court below on 5.8.2009 and after he
enters appearance, steps be taken to complete the service of
the accused.
M.N. KRISHNAN, JUDGE
cl
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