IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 CRL.A.No. 1708 of 2009() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.702/2009 Dated 17/08/2009 CC.93/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): COMPLAINANT ------------------------- KATHRINA, AGED 70 YEARS, W/O. CHITTILAPPILLY LAZAR, PUTHENPEEDIKA DESOM, ANTHIKKADU VILLAGE, THRISSUR. BY ADV. MR.M.B.PRAJITH RESPONDENT(S): ACCUSED ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANTONY, S/O. JACOB, KURUTHUKULANGARA, PUVANPARAMBIL, PUTHENPEDIKA DESOM, ANTHIKADU VILLAGE, THRISSUR DISTRICT. 3. DAISY, W/O. ANTONY, KURUTHUKULANGARA, PUVANPARAMBIL, PUTHENPEDIKA DESOM, ANTHIKADU VILLAGE, THRISSUR DISTRICT. 4. RAMAKRISHNAN, S/O. KRISHNAN, KURUVATH HOUSE, VADAKKUMMURI VILLAGE, PUTHENPEDIKA DESOM,THRISSUR DISTRICT. 5. BALAGOPALAN, S/O. APPU, VAZHAPPILLY HOUSE, PUTHENPEDIKA DESOM, ANTHIKKADU VILLAGE, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2,TO 5 BY ADV. MR.DINESH MATHEW J.MURICKEN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 1708 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a case u/s 423 r/w S.34 IPC. The case was was posted for evidence and the complainant did not turn up for letting in evidence and so the Court moved the provisions under S.256(1) Cr.P.C. and acquitted the accused. It is submitted by the learned counsel for the appellant that the complainant is an aged person having 75 years old. It was only on account of a wrong advice he was not before Court. Taking into consideration these facts I am inclined to grant an opportunity. Therefore the Crl.Appeal is allowed and the order of acquittal passed 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 giving a reasonable opportunity to both the sides to put forward their rival contentions. The parties are directed to appear before the Crl.A. 1708 OF 2009 -2- Court below on 30.9.09. In case the accused had not appeared on that day, the complainant is directed to take out fresh notice to them for their appearance. M.N. KRISHNAN, JUDGE. ul/-