IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRL.A.No. 2321 of 2006 -------------------------------- ORDER IN CRLP.596/2006 Dated 15/11/2006 CC.235/2003 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR ............................................... APPELLANT(S)/COMPLAINANT --------------------------------------------- SEBI, S/O.DEVASSY, PALATTY HOUSE, MALAVANA, PUTHENVELIKKARA. BY ADV. SRI.S.RAJEEV RESPONDENT(S)/ACCUSED & STATE ---------------------------------------------------- 1. JOHNY, H.C.6394, POLICE DRIVER, KL 01 A/5414 JEEP, PUTHENVELIKKARA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2321 OF 2006 ------------------------------ Dated this the 16th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of Cr.P.C. It was a private complaint filed under Sections 279 and 338 of the I.P.C. When the case was posted to 22.9.2006, both the accused and the complainant were absent. The absence of the accused was condoned and that of the complainant was rejected and the accused was acquitted under Section 256(1) of Cr.P.C. At any rate, on that day the court could not have proceeded with the case without the presence of the accused. So, the court should have shown indulgence. Therefore, I feel, an opportunity has to be given. So, the order of acquittal passed under Section 256(1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to both sides. The complainant is directed to appear before the court below on 2 CRL.A.NO.2321/06 26.8.2009 and then take out summons to the accused for further proceedings. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.2321/06