IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.L.P..No. 758 of 2008 ( ST.888/2003 of J.M.F.C.-II,PATHANAMTHITTA) .................... PETITIONER/COMPLAINANT: ----------------------------------------- P.SUDHAKARAN, S/O.LATE PANNAN, SUNI VIHAR (KUDAVANA), PATTAZHIVADAKKEKARA VILLAGE, THAZHATHUVADAKKUTHERI, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENTS/STATE & ACCUSED: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.MURALEEDHARAN, PRASAD MANDIRAM, NEAR MANNADIKIZHAKKE TEMPLE, KADAPANADU VILLAGE, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R1. BY ADV. SRI.SAJJU.S FOR R2 THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.L.P.No. 758 of 2008 --------------------------------------------- Dated this the 26th day of February, 2009 J U D G M E N T The petitioner herein is the complainant in S.T.No.888 of 2003 of the Judicial First Class Magistrate Court-II, Pathanamthitta. By the order dated 2.7.2004 in the above case, the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C. against which the complainant proposed to file an appeal for which he seeks special leave of this Court. 2. As per the impugned order, the date of offence is mentioned as 15.1.2003 and the complaint is dated 26.8.2003. The present leave petition is presented before this Court on 17.12.2004, that too with a delay of 109 days. This Court, taking a lenient view, condoned the delay on 4.7.2008. When the case was taken up for consideration on 24.2.2009, there was no representation. Today also, there is no representation. This Court, by order dated 11.8.2008, directed the petitioner to produce the copy of the order sheet/proceedings paper maintained by the learned Magistrate from the date of cognizance to the date of the Crl.L.P.No.758 of 2008 :-2-: impugned order and directed to file the same by 15.9.2008. So far, the said direction is not complied with. From the above approach of the petitioner itself, it is crystal clear that he is not interested in prosecuting the matter either before the court below or before this Court. In the absence of the proceedings sheet of the court below, this Court is not in a position to take any decision in favour of the petitioner. As the petitioner is persistently negligent in prosecuting the matter, there is not even a remote scope for interfering with the order of acquittal passed by the court below even in case, the appeal is entertained. Therefore, the petitioner is not entitled to any relief as prayed for in this petition and the special leave is denied. In the result, this Criminal Leave Petition is dismissed. V.K.Mohanan, Judge MBS/ Crl.L.P.No.758 of 2008 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T Crl.L.P.No.758 of 2008 :-4-: DATED: -1-2009