IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 CRL.A.No. 17 of 2008 ---------------------------------- CC.897/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... APPELLANT/COMPLAINANT: M.VIDYA RAJ, S/O.VASUDEVAN, METHODI HOUSE, CHERUVANNUR, KOLATHARA, NALLALAM AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.B.G.BIDAN CHANDRAN RESPONDENTS/ACCUSED & STATE: 1. V.RAVEENDRAN, S/O.DAMU, MAROTH THAZHAM, MALIKADAVU, KARUVISSERY AMSOM DESOM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 17 of 2008 --------------------------- JUDGMENT Counsel for the appellant is absent and on his behalf Advocate Smt.Bindu, who argued the case, was heard. 2. Even, according to the appellant, the case stood posted for evidence on 16.3.2001. It goes without saying that presence of the appellant/ complainant was necessary to make some progress in the case. Not only that the appellant was absent, but, there was also no representation even on his behalf in the court below. It is submitted that the appellant/complainant could not appear due to the death of his father. But, it is further stated that the counsel filed an application for condonation of his absence stating that the complainant is sick. If the absence was due to the death of the complainant's father, I do not understand why an application is stated to have been filed stating that the complainant is sick. CRA 17/08 2 However, the fact of filing the application was not represented before court and there was no representation at all for the complainant. It was, in the circumstance, that the accused was acquitted. There is no reason why the order of acquittal deserves to be interfered with in appeal. This appeal is devoid of any merit. In the result, I dismiss this appeal, refusing admission. 9th January, 2008 (K.P.Balachandran, Judge) tkv