IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Crl.Rev.Pet.No. 2318 of 2009() --------------------------------------------- CRA.350/2008 of SESSIONS COURT, PALAKKAD. ST. NO.3483/2006 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S):(APPELLANT IN THE COURT BELOW) ---------------------------------- 1. VASANTHA, W/O. MOHANDAS, CHITTILENCHERRY, MELARCODE, ALATHUR. 2. KANNAN, S/O. KITTUPANDARAM, THUMBULUMKATTIL, PUTHIYANKAM, AALATHUR. BY ADV. SRI.K.B.PRADEEP SRI.KRISHNAPRASAD RESPONDENT(S): STATE ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.R.P.NO.2318 OF 2009 ------------------------------ Dated this the 20th day of July, 2009 O R D E R This is an appeal preferred against the order of acquittal passed under Section 256(1) of the 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 Section 256(1) of the 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 take further steps in accordance with law. The complainant is directed to appear before the court below on 26.8.2009 and after he enters appearance, he shall take out steps to see that summons is served on the accused. M.N. KRISHNAN, JUDGE cl 2 3