IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 CRL.A.No. 2532 of 2007 -------------------------------------- CC.557/1997 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... APPELLANT/COMPLAINANT: S.B.VIJAYAKUMAR, SUJATHA BHAVAN, EDAKKUNNAM, CHARUMMOODU P.O., ALAPPUZHA, (REP. BY POWER OF ATTORNEY HOLDER D.PRAMOD) BY ADV. SRI.S.PRAKASH RESPONDENTS/ACCUSED AND STATE: 1. SUJA.P.A., LOTUS VILLA, POOVACHAL P.O., POZHUMOODU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKEN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 2532 of 2007 --------------------------- JUDGMENT Direction was given to the appellant to appear in person today with his passport to verify the correctness of the submission that he was present in the court on the day on which the court below disposed of the case acquitting the accused. Such direction was being issued, as the counsel for the appellant submitted that the appellant is presently available in station. Today, counsel for the appellant submits that the appellant is still abroad. Consequently, it cannot be verified from the passport of the appellant as to whether the submission that he was available in station and present before court on the day on which the case was disposed of by the court below is correct or not. The order impugned shows that the complainant was absent continuously despite the direction to appear to give evidence and ultimately, the case was adjourned as last chance to 8.10.2001. It was CRA 2532/07 2 consequent on the absence of the appellant on 8.10.2001 as well that the accused was acquitted. The learned Magistrate has also observed that from the conduct of the complainant, he is convinced that the complainant is not at all interested in prosecuting the matter. In the circumstances of the case, I do not find any reason why this Court is to interfere in the order of the court below and restore the case to file. This criminal appeal, in the circumstances, is dismissed. 16th January, 2008 (K.P.Balachandran, Judge) tkv