IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 2029 of 2003()
1. VIDHYASAGAR,
... Petitioner
Vs
1. P.D.ANTONY, S/O.DEVASSY,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.E.A.THANKAPPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :01/03/2007
O R D E R
J.M.JAMES, J.
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Crl.A No. 2029 of 2003 (D)
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Dated this the 1st day of March, 2007
J U D G M E N T
The complainant was absent when C.C.No. 943(A)/
2003 was taken up by the Additional Chief Judicial Magistrate,
Ernakulam, on 15/10/2003. Therefore, complaint was dismissed
and accused acquitted. Hence, this appeal, on obtaining leave.
2. The counsel produced the attested copy of C.C
Register of the court below. The counsel, relying on the
register, submitted that the entry in respect of C.C. No.943(A)/
2003 was subsequently entered in a different handwriting and
the said entry on 15/10/2003 was in contrary to the date given to
the appellant, when the sworn statement was taken on
27/06/2003 and the case having adjourned to 06/11/2003.
3. Though the service is complete, there is no
representation from the first respondent, the accused. After
going through the facts that are involved in this case, I hold that
an opportunity be given to the parties to adduce evidence and
raise their contentions.
Crl.A.No.2029/2003 (D)
2
4. Therefore, I set aside the impugned order dated
15/10/2003 and restore C.C.No.943(A)/2003 to the file of
Additional Chief Judicial Magistrate Court, Ernakulam.
5. The appellant shall appear before the court
below on 02/04/2007.
6. The first respondent accused being not present
before this Court, the lower court shall take coercive steps and,
on appearance/production of the accused, hear both sides and
dispose of the case, as per the law, at the earliest, in any case,
within four months thereon.
The appeal is allowed as above.
(J.M.JAMES)
Judge
ms