IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 CRL.A.No. 1952 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN C.C. NO. 372/1998 Dated 05/12/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... APPELLANT(S): COMPLAINT:- ------------------------- H.NAZEERA,AL THASNEEM, VADAKKUMBHAGAM, KAZHAKKUTTAM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): ACCUSED & STATE:- -------------------------------- 1. NITHEESHLAL, MOHANVILLA, L/897,KALADI, KARAMANA P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN,J ------------------------------ Crl. Appeal No.1952 of 2007 -------------------------------------------- Dated this the 30th day of September, 2011 JUDGMENT The counsel for the appellant submitted that he has no instruction from the appellant, though the appellant was contacted on several occasions and finally by sending a registered letter. Counsel submitted that the registered letter send to the appellant returned as unclaimed, which would show that the service of the letter on the appellant. The above submission of the counsel is recorded. The appeal pertain to the year 2007, which preferred against the order dated 5.12.1998 of the court of Judicial First Class Magistrate -III, Thiruvananthapuram, by which the accused is acquitted u/s.256 (12) of Cr.P.C. Having regard to the facts and circumstances involved in this case, it appears to me, that the appellant is not interested in prosecuting the appeal, which preferred against an order of acquittal. Accordingly, the above Crl. Appeal is dismissed for non- prosecution. V.K.MOHANAN, JUDGE. pm/