IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 CRL.A.No. 68 of 2007() ---------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.31/2005 Dated 09/10/2006 ST.410/2002 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... APPELLANT/ COMPLAINANT. ----------------------- SASTHAMKOTTA GRAMA PANCHAYATH, REPRESENTED BY ITS SECREARY, SASTHAMCOTTA GRAMA PANCHAYATH, KOLLAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS/ACCUSED. ------------------------------------ 1.CHELLAPPAN NAIR, KAITHAPPUZHA, MANAKKARA, SASTHAMKOTTA P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/08/2008 ALONG WITH CRA NO. 111 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- CRA.NO. 68 of 2007 --------------------------------- Dated this the 29th day of August, 2008 JUDGMENT The complainant in ST.No.410/2002 on the files of the JFCM Court, Sasthamkotta is the appellant herein. The complaint was filed by the Panchayat alleging that the respondent has willfully refused to pay tax imposed on him and has therefore committed the offence under section 210 of the Kerala Panchayat Raj Act. According to the Panchayat it was diligently prosecuting the case. One Nabeesa who was the Secretary of the Panchayat retired from 31.8.2004. The junior superintendent was to be in additional charge of the Secretary. Since the complaint was posted immediately on the following day, the in-charge could not appear before the court. There was no representation on behalf of the Panchayat when the case was called and the accused was acquitted under section 256(1). Hence this appeal. 2. I heard learned counsel for the appellant. There is no appearance on behalf of the accused in view of the facts stated and after hearing learned counsel for the appellant, I am of the CRA.68 /2007 2 view that the appellant is entitled to another chance to prosecute the complaint. Hence the appeal is allowed. The order of acquittal is set aside. The complaint is restored to file. The court below shall further proceed with the complaint in accordance with law. The parties shall appear before the court below on 17.11.2008. V. GIRI, JUDGE. pmn/ CRA.68 /2007 3