IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRL.A.No. 2138 of 2006(D) ----------------------------------- JUDGEMENT/ORDER IN CRLP.521/2006 Dated 10/10/2006 CC.144/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG ................................................... APPELLANT(S): COMPLAINANT ---------------------------------------------- SAHIR ALI KUNIMMAL, S/O.IBRAHIM, AGED 25 YEARS, RESIDING AT FAZILA MANZIL, VALAKKAD, SOUTH TRIKARIPUR, HOSDURG TALUK. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENT(S): ACCUSED -------------------------------------- 1. P.A.ASIF, PULIMOOTTIL HOUSE, AMBADI VETTAKADA, EDAVA VILLAGE, EDAVA CHIRAYINKEETH TALUK, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2138 OF 2006 ------------------------------ Dated this the 16th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of Cr.P.C. So far, the accused is not served in the appeal. I am of the view that no notice is necessary in the appeal at this stage for the reason that the accused has not entered appearance before the court below as well. The court below acquitted the accused under Section 256(1) of Cr.P.C on the ground that the complainant did not furnish the address of the accused for proper service. I feel, interest of justice requires an opportunity to be given to the complainant to proceed with the matter. Therefore, the order of acquittal passed under Section256(1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and the complainant is directed to appear before the court below on 26.8.2009 and after he enters appearance, he shall take steps to see that summons is served on the accused. M.N. KRISHNAN, JUDGE cl 2 3