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. 1703 of 2009() ----------------------------------- STC.1044/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... APPELLANT/COMPLAINANT: ---------------------------------------- K. UMMER HAJI, S/O.MUHAMMED HAJI, KIZHAKKUMBRATH HOUSE, PERINGANAM, PULLOORKARA, THALASSERY. BY ADV. MR.V.V.ASOKAN MR.P.P.RAMACHANDRAN RESPONDENTS/1ST ACCUSED: --------------------------------------------- 1. HASSAN SAYED KOYA, S/O.SAYEDALAVI, MANARIKKAL HOUSE, P.O. PANNIYOOR SOUTH, THIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 018. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2009, ALONG WITH CRA.1704 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NOS.1703 & 1704 OF 2009 ------------------------------ Dated this the 17th day of August, 2009 JUDGMENT These appeals are preferred against the order of acquittal passed by the Judicial First Class Magistrate, Thalassery in STC.Nos.1044/2007 and 1039/2007. Both the cases ended in acquittal under Section 256(1) of the Cr.P.C for the reason that the complainant was absent and therefore no steps could be taken. This Court ordered notice by affixture and it has been affixed in the criminal leave petition and in the delay condonation application. As the accused has not entered appearance, he is not entitled to be given notice for the reason that he had been avoiding appearance before the court. What ever possible has been done by the complainant to take steps against the accused. 2. I think it is a fit case where opportunity has to be given to the complainant to proceed with the matter. Therefore, the order of acquittal passed in both the cases are set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance law. The complainant CRL.A.NOS.1703&1704/09 2 is directed to appear before the court below on 5.10.2009 and thereafter take out fresh steps for getting the presence of the accused before the court. These criminal appeals are disposed of accordingly. M.N. KRISHNAN, JUDGE cl