IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 CRL.A.No. 1712 of 2004() ------------------------ ST.2367/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... APPELLANT/COMPLAINANT:- -------------------------------- SECRETARY, PANAYAM GRAMA PANCHAYATH, PANAYAM, KOLLAM. BY ADV. MR. JACOB SEBASTIAN MR. A.RASHID MR. M.R.SASITH RESPONDENT/ACCUSED:- ------------------------------ 1. SHANAVAS, NAJEEMA MANZIL, VELLIMNAN P.O., KERALAPURAM, KOLLAM. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 1712 of 2004 ------------------------------------------------------------ Dated this the 2nd day of November, 2009. JUDGMENT The Secretary of Panayam Grama Panchayat who was the complainant in S.T. No. 2367 of 2003 on the file of the Judicial First Class Magistrate - I, Kollam, is the appellant in this appeal. It was a prosecution under Section 210 of the Kerala Panchayath Raj Act against the 1st respondent herein for realisation of the arrears of licence fee. The accused was acquitted under Section 256(1) Cr.P.C for the failure on the part of the complainant to appear on 14.05.2005. Hence this appeal. 2. There might have been some latches on the part of the complainant in not appearing before the learned Magistrate. But, he certainly did not deserve a disposal of the complaint otherwise than on merits. Accordingly, the impugned order is set aside. S.T. No. 367 of 2003 shall stand restored to file and shall be disposed of in accordance Crl. Appeal No. 1712/2004 : 2 : with law. The parties shall appear before the learned Magistrate on 23.11.2009 without any further notice. This appeal is disposed of as above. Dated this the 2nd day of November, 2009. V. RAMKUMAR, JUDGE. rv