Maj.Lal Verghis vs Vahida on 10 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2263 of 2006()


1. MAJ.LAL VERGHIS,
                      ...  Petitioner

                        Vs



1. VAHIDA,S/O.MR.C.T.ABDUL RAZAK,
                       ...       Respondent

2. STATE OF KERALA,REP.BY

                For Petitioner  :SRI.T.D.ROBIN

                For Respondent  :SRI.MILLU DANDAPANI

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. Appeal NO. 2263     OF 2006
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           Dated this the 10th day of June, 2009.

                         J U D G M E N T

This appeal is preferred against the order of acquittal

passed by the Chief Judicial Magistrate Court, Ernakulam in

C.C.1780/02. The accused was acquitted on account of the

absence of the complainant. It is seen that a non-bailable

warrant was pending against the accused. It is submitted

that there was some communication gap with reference to the

filing of affidavit and the complainant was not aware of the

same. It was not a deliberate absence. I feel indulgence can

be shown and an opportunity can be given. Therefore the

Crl.Appeal is allowed and the order of acquittal passed by the

learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The

learned Magistrate is directed to restore the case back to file

and proceed in accordance with law after affording opportunity

to both the sides to adduce evidence in support of their

respective contentions. Parties are directed to appear before

CRL.A.2263/06
-:2:-

the court below on 15.7.2009. In case the accused does not

appear the complainant is directed to take out notice to the

accused.

M.N. KRISHNAN, JUDGE.

ul/-