IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 2335 of 2007() ---------------------------------- CC.350/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOZHIKODE .................... APPELLANT/COMPLAINANT ----------------------------------------- P. MOOSAKOYA, S/O. ASSAN KOYA, PALATTE HOUSE, PALLIKKANDY, P.O.KALLAI, KOZHIKODE. BY ADV. MR.B.G.BIDAN CHANDRAN RESPONDENTS/ACCUSED AND STATE --------------------------------------------------------- 1. K.V. KHADIRI KOYA, KOSANI HOUSE, (K.V.HOUSE), FRANCIS ROAD, CALICUT-3. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, BY PUBLIC PROSECUTOR MR.C.M. NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2335 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal in C.C.350/97 passed by the Judicial First Class Magistrate-I, Kozhikode. On account of the absence of the complainant on 6.9.99 the accused was acquitted u/s 256(1) Cr.P.C. A perusal of the memorandum of appeal would reveal that the reason for the absence was on account of the death of the father of the complainant. So there is sufficient reason for his absence on that day. Therefore I am inclined to give an opportunity. Hence the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording opportunity to both the sides to adduce evidence in support of their respective contentions. Parties are directed to appear before the court below on 27.7.2009. In case the accused does not appear the complainant is directed to take out notice to the accused. M.N. KRISHNAN, JUDGE. ul/-