IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 CRL.A.No. 1122 of 2009() ------------------------ CC.167/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... APPELLANT/PETITIONER:- DEVARAJ, S/O.GANGADHARAN, PADMAVILAS, MUNDAKKAL WEST, UDAYAMARTHANDAPURAM CHERRI, KOLLAM. BY ADV. MR. K.SIJU MR. A.MUHAMMED RAFFI RESPONDENTS/ RESPONDENTS:- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AJITH, AGED 42 YEARS, S/O.RAMACHANDRAN, K.R.SADANATHIL, KARAMCODE, ERATHU CHERRI, MEENADU VILLAGE, KOLLAM DISTRICT. (DELETED) 3. JEYAPALAN, AGED 62 YEARS, S/O.VELAYUDHAN, POWER OF ATTORNEY HOLDER OF A1, PRAPANCHAM VEEDU, VADAKKUMBHAGAM CHERRI, ERAVIPURAM VILLAGE, KOLLAM. 4. SANTHAKUMARI, AGED 64 YEARS, D/O.GANGADHARAN, KAIRALIYIL, ERAM NORTH CHERRI. MEENADU VILLAGE, KOLLAM. 5. SEENA, AGED 36 YEARS, D/O.SHANTHAKUMARI, KAIRALIYIL, ERAM NORTH CHERRI, MEENADU VILLAGE, KOLLAM. (R2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER IN CRL. M.A. NO. 10822/2009 DT. 15.11.2009) ADV. MR. V.VENUGOPALAN NAIR FOR R3 TO R5 MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 1122 of 2009 ------------------------------------------------------------ Dated this the 18th day of November, 2009. JUDGMENT The appellant is the complainant in C.C. No. 167 of 2007 on the file of the Chief Judicial Magistrate, Kollam. The said complaint was filed against four accused persons who are respondents 2 to 5 herein for defamation under Section 499 IPC punishable under Section 500 r/w Section 34 IPC. As per the impugned order dated 13.05.2009, the complaint has been dismissed and the accused has been acquitted under Section 256 (1) Cr.P.C due to the absence of the appellant/complainant. 2. No doubt, the appellant has been guilty of some latches in not appearing before the court on the date on which the case was posted. But, he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No. 167 of 2007 is restored to file and shall be disposed of in accordance with Crl . Appeal No. 1122 of 2009 : 2 : law after giving both sides an opportunity of being heard. The parties shall appear before the court below without any further notice on 16.12.2009. This appeal is disposed of as above. Dated this the 18th day of November, 2009. V. RAMKUMAR, JUDGE. rv Crl . Appeal No. 1122 of 2009 : 3 :