IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.THANKAPPAN WEDNESDAY, THE 13TH JUNE 2007 / 23RD JYAISHTA 1929 CRL.A.No. 1085 of 2001() ------------------------ ST.5188/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... APPELLANT: COMPLAINANT: ----------- GOPALAN, S/O.KOCHUMUNDAN, AGED 38 YEARS, CHULLIPARAMBIL HOUSE, KALKUZHI DESOM, MUPLIYAM VILLAGE, THRISSUR DIST. BY ADV. SRI.RENJITH THAMPAN SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT: ACCUSED: ------------- BABU, S/O. CHERIYAKUTTY, AGED 33 YEARS, MAMBRA HOUSE, MUNNUMMURI DESOM, MATTATHUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DIST. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. Thankappan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 1085 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2007 JUDGMENT The appeal is filed against the order in S.T.No.5188/98 on the file of the Judicial Magistrate of the I Class, Inrinjalakuda. By the impugned order the trial court acquitted the 1st respondent. On 30-1-2001 this Court admitted the appeal and ordered notice to the 1st respondent. Notice was sent through the C.I. of Police, Chalakudy. It is reported by the C.I. of Police that the addressee had left the place long back and his whereabouts were not known. When the case was came up on 7-3-2007, two weeks' time was granted to the petitioner to cure the defect as last chance. The case was again posted on 6-6-2007. On 6-6-2007 the case was adjourned to 13-6- 2007. Today also no steps have been taken to cure the defect. In the above circumstances, this Court is of the view that no purpose will be served in keeping the file pending before this Court. Hence, the appeal is dismissed for non-prosecution. K.Thankappan, Judge. mn. K. Thankappan, J. - - - - - - - - - - - - - - - - Crl.A.No. 1085 /2001 - - - - - - - - - - - - - - - - Judgment 13-6-2007