IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 CRL.A.No. 2039 of 2007() ---------------------------------- AGAINST THE JUDGEMENT/ORDER OF ACQUITTAL DATED 15/12/2001 IN ST.6454/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... APPELLANT/COMPLAINANT ---------------------------------------- SRI.M.R. SAJEEVAN, S/O.RAJAN, MUKKULATH HOUSE, VELLANGALLUR DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.M.C.GOPI RESPONDENTS/ACCUSED ------------------------------------- 1. SRI.STEEPHAN, S/O.RAPPAI, KOLAYADAN HOUSE, MARKET ROAD, IRINJALAKUDA, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2039 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal under Section 256(1) Cr.P.C. in S.T.6454/97 of the Judicial First Class Magistrate-Irinjalakuda. The complainant was absent. He made an application but it was dismissed and ultimately the accused was acquitted. Learned counsel would submit that it was a point of time where the father of the complainant was hospitalised which later turned out to be a very serious affair and on account of the unfortunate development he was not in a position to attend the Court. I feel under such circumstances an opportunity has to be given and there is no gross negligence or grave mis-conduct. Therefore I set aside the order of acquittal u/s 256(1) Cr.P.C. and direct the learned Magistrate to restore the case back to file, give sufficient opportunity for both the sides and dispose of the matter in accordance with law. M.N. KRISHNAN, JUDGE. ul/-