IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 CRL.A.No. 809 of 2007() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.60/2007 CC.2203/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... APPELLANT(S): COMPLAINANT ------------------------- NAZEER P.H., AGED 42 YEARS, S/O.N.A.HYDROSE, PATTANAPARAMBIL HOUSE, NETTOOR P.O., ERNAKULAM DISTRICT. BY ADV. MR.T.K.SHAJAHAN RESPONDENT(S): ACCUSED ---------------------- 1. K.K.CHANDRAN, KAIPPARAMBIL HOUSE, AKSHARA KOVIL, POOKATTUPADI, EDATHALA P.O., ERNAKULAM DISTRICT, PIN-683561. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.809 OF 2007 ------------------------------ Dated this the 18th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) Cr.P.C in C.C.N0.2203/2001 of the Additional Chief Judicial Magistrate, Ernakulam. A perusal of the order itself would show that as steps were not taken against the accused, who is absconding and as the complainant and his counsel were absent, it ended in acquittal. It is a private complaint filed under Sections 279 and 304 A of the I.P.C. 2. I feel that an opportunity has to be given and therefore the order of acquittal passed under Section 256(1) of Cr.P.C is set aside. The court below is directed to restore the case back to file and is directed to permit both the complainant as well as the accused to adduce oral and documentary evidence in support of their respective contentions. The complainant is directed to appear before the court below on 7.8.2009. He shall take out notice to the accused after he 2 enters appearance before the lower court. M.N. KRISHNAN, JUDGE cl 3