T.R.Jain vs P.Mohammed on 31 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 520 of 1999()



1. T.R.JAIN
                      ...  Petitioner

                        Vs

1. P.MOHAMMED
                       ...       Respondent

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY

 Dated :31/01/2007

 O R D E R

J.B.KOSHY, J.

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Crl.A. No. 520 of 1999

———————–

Dated this the 31st day of January, 2007

Judgment

This appeal is filed by the complainant against

acquittal of the accused for absence of the complainant on

the date of posting of the case. It is not stated that for

what purpose the case was posted on 27.2.1999. According

to the complainant, he was present on various occasions.

He was absent on 27.2.1999 due to illness and his counsel

applied for exemption. That was rejected and accused was

acquitted. Even though accused can be acquitted under

section 256 (1) of the Code of Criminal Procedure for

absence of the complainant, it cannot be done mechanically.

In this case, it is not stated whether presence of the

complainant was mandatory on that day. Complainant has

applied for exemption also. On the facts of the case, I am

of the view that one more opportunity should be given to

the complainant. In the above circumstances, the impugned

order is set aside and the Magistrate’s Court is directed

to proceed with the case. Complainant is directed to be

present before the court below on 26.3.2007.

2. Even though notice to the respondent issued by

this court was accepted, there is no appearance. He did

not appear before the Magistrate’s Court also. Trial court

Crl.A.No.520/99 2

should take further steps for service of summons to the

accused.

Appeal is allowed by way of remand.

J.B. KOSHY

(JUDGE)

vaa

Crl.A.No.520/99 3

J.B.Koshy J.

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Crl.A.No.520 of 1999

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Judgment

31-1-2007