IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 287 of 2007()
1. THRIKKOVILVATTOM GRAMA PANCHAYAT,
... Petitioner
Vs
1. FAROOK,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :04/09/2008
O R D E R
V.GIRI, J
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Crl.A.287/2007
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Dated this the 4th day of September, 2008
JUDGMENT
The Panchayath which is the complainant in
S.T.No.2086/2002 on the files of the Judicial First Class
Magistrate-II, Kollam, is the appellant herein. The
complaint was filed alleging that the accused had
committed an offence punishable under Section 210 of
the Panchayat Raj Act read with Rule 26 of the Taxation
and Appeal Rules, 1963. One K.M.Joseph, the Panchayat
Secretary had filed the complaint. Apparently on
16.5.2005, the Court directed the complainant to be
present on 11.8.2005. In the meanwhile, then Panchayat
Secretary was transferred. In the circumstances, an
adjournment was sought for and the case was posted to
7.10.2005. Apparently, an application was made on
behalf of the Secretary on 7.10.2005 for excusing the
absence of the complainant. This was rejected and the
accused was acquitted under Section 256(1) of Cr.P.C.
This has been challenged in appeal.
Crl.A.287/2007
2
2. Though served, the accused has not appeared
before this Court.
3. In view of the facts narrated above and having
heard learned counsel for the appellant, I am of the
view that the Panchayat/complainant is entitled to
another chance to prosecute the complaint.
4. Accordingly, the appeal is allowed. Order of
acquittal is set aside and the complaint is restored to file.
Court below shall further proceed with
S.T.No.2086/2002 in accordance with law.
Parties shall appear before the Court below on
24.11.2008.
V.GIRI,
Judge
mrcs