IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 CRL.A.No. 35 of 2008 ---------------------------------- ST.48/1998 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT/COMPLAINANT: BABU SEBASTIAN,U.P.NO.7/536 ULOOR, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS/ACCUSED & STATE: 1. R.PRAKASH,PRAKAS, MALOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 35 of 2008 --------------------------- JUDGMENT Heard. 2. The complaint is one filed as early as in 1998 and the accused was acquitted under Section 256(1) Cr.P.C., vide judgment dated 12.2.1999. Though, the criminal leave petition was filed as early as in 2000, the appellant did not show any interest to have the leave petition and the delay petition moved and orders obtained. Despite order of court to take out notice to the first respondent, no process was paid. Thus, it is, after seven years, that the criminal appeal is coming up for consideration. 3. It is submitted by the counsel for the appellant that the first respondent had not entered appearance in the court below and warrant was pending against him and it was, while so, for reason of absence of the complainant, that the accused was acquitted. The order of acquittal CRA 35/08 2 passed, under the circumstances, is, no doubt, illegal. But, at the same time, to have the case of 1998 remanded in 2008 solely on account of situation brought about by the culpable negligence of the appellant, I am of the view that heavy cost has to be levied on the appellant in order to order a remand, setting aside the order under appeal. In the result, I dispose of this appeal dispensing with notice to the first respondent/ accused, setting aside the order under appeal, acquitting the accused under Section 256(1) Cr.P.C. and remitting the case back to the court below, on condition that an amount of Rs.3,000/- is deposited by the appellant by way of cost to the credit of Kerala Legal Services Authority and receipt is produced in evidence thereof on or before 15.1.2008. In case of failure, this criminal appeal shall stand dismissed. Report with receipt evidencing payment of cost, if any, on 17.1.2008. 8th January, 2008 (K.P.Balachandran, Judge) tkv