IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 CRL.A.No. 1516 of 2009() ---------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.593/2009 CC.488/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): / COMPLAINANT ------------------------ B.S. AKBAR, AGED 54 YEARS S/O. YAKUB SARANG, RESIDING AT SHAFATH MANZIL, BAPPAITHOTTY, UPPALA, KASARAGOD. BY ADV. MR.T.B.SHAJIMON RESPONDENT(S): ACCUSED & STATE ------------------------- 1. VIJAYANAND DANGA, AGED 54 YEARS, ZAN ADWORLD, IST FLOOR, ANUGRAHA, REGENT PARK, HOSABETTU, VIA SURATHKAL - 575 014. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1516 OF 2009 ------------------------------ Dated this the 29th day of July, 2009 JUDGMENT This appeal is preferred against the order of acquittal passed under Section 256 (1) of the Cr.P.C. It is seen that the accused was absent and absconding and the court below acquitted the accused on the ground that no fresh address has been furnished by the complainant. So, in such cases where the accused does not appear before the court, it is not necessary to issue summons to him in the appeal. 2. Therefore, I am dispensing notice in the appeal. The case is still at a stage where process is not completed. The complainant under ordinary circumstances will be the most interested person to prosecute the case. It is desirable to give him one opportunity to take out fresh summons in correct address. Therefore, the order of acquittal passed under Section 256(1) of the Cr.P.C is set aside and the case is restored back to file and the learned Magistrate is directed to dispose of the matter in accordance with law. The complainant shall appear before the court below on 15.9.2009 and 2 CRL.A.NO.1516/09 thereafter take out fresh summons to the accused to proceed further with the matter. The criminal appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1516/09