IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 1478 of 2007() ---------------------------------- ST.2515/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... APPELLANT/COMPLAINANT ---------------------------------------- GOPINATHAN C. S/O. OTHENAN, AGED 37 YEARS, KANICHAMAL, KARIMBAM PO, TALIPARAMBA TALUK, KANNUR DIST. BY ADV. MR.P.BABU RESPONDENTS/ACCUSED & STATE ---------------------------------------------------- 1. GOVINDAN E.V., EDATHIL VALAPPIL HOUSE, CHUZHALI AMSOM DESOM, (PO CHUZHALI, TALIPARAMBA TALUK). 2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA R1 BY ADV. MR.BLAZE K.JOSE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1478 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Judicial First Class Magistrate, Thaliparamba in STC 2515/04. On account of the absence of the complainant the accused was acquitted u/s 256(1) Cr.P.C. A perusal of the grounds would reveal that the complainant could not be present before the Court on account of fever and though an oral representation was made for adjournment it was not granted. It appears that there is no willful negligence. It is also evident from the proceeding paper itself that an oral request has been made for adjournment. So taking into consideration all these circumstances I am inclined to grant an opportunity. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording opportunity to both the sides to adduce Crl. Appeal NO. 1478 OF 2007 -:2:- evidence in support of their respective contentions. Parties are directed to appear before the court below on 27.7.2009. In case the accused does not appear the complainant is directed to take out notice to the accused. M.N. KRISHNAN, JUDGE. ul/-