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. 1722 of 2007() ---------------------------------- CC.355/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... APPELLANT/COMPLAINANT ---------------------------------------- SIBY VETTOM, S/O.DOMINIC, PULINGOME, CHUNDA, PO CHERUPUZHA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR.R.T.PRADEEP RESPONDENTS/STATE & ACCUSED ---------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DR.O.K.RAMACHANDRAN, PARAPPA PO KANHANGAD, KASARAGOD DIST. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1722 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) of the Cr.P.C in C.C.No.355/1997 of the JFCM, Payyannur. The accused was acquitted under Section 256(1) of the Cr.P.C. A perusal of the order would reveal that the complainant and his advocate were not present which resulted in the acquittal. A perusal of the memorandum of appeal would show that an application has been filed for excusing the absence but it was not granted. Further it is stated that an opportunity be given to establish the case. 2. Considering the the materials available, I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) Cr.P.C is set aside and the court below is directed restore the case back to file after affording equal opportunity to both the complainant as well as the accused to adduce oral and documentary evidence in support 2 CRL.A.NO.1722/07 of their respective contentions. The complainant is directed to appear before the court below on 3.8.2009 and after he enters appearance, steps be taken to complete the service of the accused. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1722/07