IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 CRL.A.No.221 of 2001 (A) ------------------------------ CC.512/1997 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... APPELLANT/COMPLAINANT: --------------------------------- THOMAS K. KUTTAPPAN, MUNKUZHIYIL, FATHIMAPURAM, PERUNNA EAST, CHANGANACHERRY. BY ADV. SRI.S.SANTOSH KUMAR (PERUNAD) RESPONDENTS/ACCUSED & STATE: ----------------------------------------- 1. M.C. JAMES (CHINNAPPAN), NEDUVELICHALUMKAL, ANGADI, PULINCUNNU P.O., KUTTANADU. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.221 of 2001 ------------------------------------------------ Dated this the 23rd day of January, 2008 JUDGMENT This appeal was admitted and notice was ordered to R1 on 01/03/01. No steps were taken for the last five and a half years. Finally notice was issued on 13/09/06 when steps were taken and that is returned in October, 2006 reporting that R1 is dead. Appellant has not made any enquiry at all in the matter despite expiry of more than one year and two and a half months therefrom and the appeal has already abated by now. 2. The case is notified in the defect list today. Counsel for the appellant is absent and there is no representation even on his behalf. 3. In the result, I dismiss this Criminal Appeal. K.P.BALACHANDRAN, JUDGE kns/-