IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 CRL.A.No. 87 of 2005 ----------------------------- CC.564/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR AGAINST THE JUDGEMENT/ORDER IN CRLP.714/2004 Dated 17/11/2004 .................... APPELLANT: COMPLAINANT: -------------------------- ABDURAHIMAN, S/O. ALIKKUTTY MOLLA, PAYINIKKANDAN HOUSE, ALATHIYOOR AMSOM, TIRUR TALUK. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ACCUSED & STATE: ------------------------------- 1. PAYINIKKANDAN HANEEFA, S/O. PAKKIKKUTTY MOLLA, ALATHIYUR AMSOM, TIRUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI K.S.SIVAKUMAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.A. No. 87 of 2005 ---------------------------------------- Dated the 31st August, 2011 JUDGMENT The above appeal is preferred challenging the order dated 23.4.2004 in C.C.No.564 of 1999 of the court of Judicial First Class Magistrate, Tirur by which the learned Magistrate acquitted the accused in a prosecution for the offence under section 323 IPC wherein the appellant is the complainant. Prior to that, Crl.L.P was filed on 19.7.2004. Though notice was ordered in the appeal on admission on 3.2.2005, no step has been taken. Thus after noticing the defect, the Registry has posted the matter before this Court on 22.8.2011 in the defect list. On that day, there was no representation, and by order dated 22.8.2011, this court suo motu adjourned the matter to this date and the appellant was granted time to cure the defect in the meanwhile. So far the defect is not cured and there is no representation for the appellant also. The above fact is sufficient to hold that the appellant is not interested in prosecuting the appeal, an appeal against the order of acquittal. Hence, the appeal is dismissed for non prosecution. V.K.MOHANAN, JUDGE KVM/- 2 kvm/-