IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 CRL.A.No. 634 of 2008(D) ------------------------------------ ST.NO.935/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD. .................... APPELLANT/ COMPLAINANT: ------------------------------------------ SELVARAJ. A., S/O.ANNAMALAI SOUTH MUTHALIYAR STREET, SHORNUR, PALAKKAD. BY ADV. MR.VINOD KUMAR.C. RESPONDENTS/ ACCUSED: ---------------------------------------- 1. V.K. LAKSHMANAN, S/O.KUMARAN, VATTAPARAMBIL HOUSE, NEAR S.M.V JUNCTION, SHORNUR, PALAKKAD. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV.MR.P.K.MOHANAN (PALAKKAD), R2 BY PUBLIC PROSECUTOR SMT. M.K. PUZHPALATHA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. ........................................... CRL.A.NO.634 OF 2008 ............................................. Dated this the 20th day of August, 2009 J U D G M E N T This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in S.T.No.935/2007. The accused was acquitted on the ground that the complainant was absent and as the matter is posted for evidence, the accused is acquitted. 2. I have gone through the proceedings paper available in the case. It would show that more number of postings are with the endorsement no sitting and even the accusation has not been read over to the accused to consider the plea of the guilt or not. Unfortunately, the learned Magistrate thought that it is posted for evidence and hence dismissed the complaint. 3. So, it is a disposal without application of mind which requires interference at the hands of this court. Therefore, the order of acquittal passed by he learned Magistrate 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 : 2 : CRL.A.NO.634 OF 2008 dispose of the matter in accordance with law after affording equal opportunities to both sides. The parties are directed to appear before the court below on 5.10.2009. M.N.KRISHNAN, JUDGE cl : 3 : CRL.A.NO.634 OF 2008