IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 CRL.A.No. 287 of 2007() ----------------------- AGAINST THE ORDER IN CRLP.552/2006 Dated 26/10/2006 ST.2086/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... APPELLANT: COMPLAINANT: ----------------------- THRIKKOVILVATTOM GRAMA PANCHAYAT, REPRESENTED BY ITS PRESENT SECRETARY, K.MOHANAN PILLAI. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: ACCUSED & STATE: ----------------------------- 1. FAROOK, CHARUVILA VEEDU, KANNANALLOOR, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M.KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.287/2007 -------------------- Dated this the 4th day of September, 2008 JUDGMENT The Panchayath which is the complainant in S.T.No.2086/2002 on the files of the Judicial First Class Magistrate-II, Kollam, is the appellant herein. The complaint was filed alleging that the accused had committed an offence punishable under Section 210 of the Panchayat Raj Act read with Rule 26 of the Taxation and Appeal Rules, 1963. One K.M.Joseph, the Panchayat Secretary had filed the complaint. Apparently on 16.5.2005, the Court directed the complainant to be present on 11.8.2005. In the meanwhile, then Panchayat Secretary was transferred. In the circumstances, an adjournment was sought for and the case was posted to 7.10.2005. Apparently, an application was made on behalf of the Secretary on 7.10.2005 for excusing the absence of the complainant. This was rejected and the accused was acquitted under Section 256(1) of Cr.P.C. This has been challenged in appeal. Crl.A.287/2007 2 2. Though served, the accused has not appeared before this Court. 3. In view of the facts narrated above and having heard learned counsel for the appellant, I am of the view that the Panchayat/complainant is entitled to another chance to prosecute the complaint. 4. Accordingly, the appeal is allowed. Order of acquittal is set aside and the complaint is restored to file. Court below shall further proceed with S.T.No.2086/2002 in accordance with law. Parties shall appear before the Court below on 24.11.2008. V.GIRI, Judge mrcs