IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 CRL.A.No. 2344 of 2007() -------------------------------- ( AGAINST ORDER IN CRLP.1154/2007 DATED 02/11/2007 IN ST. 54/2007 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI DATED 25.08.2007 ) .................... APPELLANT(S): COMPLAINANT: --------------------------------------------- SHAMEEM T.P., 25 YEARS, S/O.ABOOBACKER, INEKKUMPURATH HOUSE, ENTHUR, EDAVANNA P.O. MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: ACCUSED AND STATE: ------------------------------------------------------- 1. GOVINDAN EDAKKARA, AGED 40 YEARS, S/O.KEERAN, ANISREE BHAVAN, CHOOLATTUPARA P.O., POOVATHIKKAL, ARECODE, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS. SRI.P.VIJAYA BHANU FOR R1 SRI.P.M.RAFIQ FOR R1 SRI.THOMAS JOHN AMBOOKAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LN M.N.KRISHNAN, J. ------------------------- CRL.A.NO. 2344 OF 2007 ------------------------------------- Dated this the 26th day of June, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal in S.T.No. 54/2007 of the Chief Judicial Magistrate Court Manjeri. Due to the absence of the complainant, acquittal was ordered u/s. 256(1) of Cr.P.C. The accused was acquitted on the ground that the complainant was not present on 25.08.2007. A perusal of the proceeding paper would reveal that the accused was also absent on that day. There is no deliberate mis-conduct or negligence by the complainant. I am inclined to grant an opportunity to the complainant, and therefore, the order of acquittal passed u/s. 256(1) Cr.P.C. is set aside and the court below 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 parties are directed to appear before the court below on 10.08.2009. M.N.KRISHNAN, JUDGE ln