High Court Kerala High Court

Prakasan vs V.J.Jojo on 10 June, 2009

Kerala High Court
Prakasan vs V.J.Jojo on 10 June, 2009
       

  

  

 
 
  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.
                    ---------------------------
                     CRL.A.NO.143 OF 2003
                    ------------------------------
              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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CRL.A.NO.143/03

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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CRL.A.NO.143/03

M.N. KRISHNAN, J.

CRL.A.NO.143 OF 2003

JUDGMENT

10th day of June, 2009

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