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ABRAHAM JOSEPH versus BHAJI

High Court of Kerala

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ABRAHAM JOSEPH v. BHAJI - CRL A No. 375 of 1998 [2006] RD-KL 1500 (1 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 375 of 1998()

1. ABRAHAM JOSEPH
... Petitioner

Vs

1. BHAJI
... Respondent

For Petitioner :I.SHEELADEVI

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY

Dated :01/11/2006

O R D E R

J.B. KOSHY, J.

CRL.APPEAL No. 375 of 1998

Dated this the 1st day of November, 2006

Judgment This appeal was filed against the order of acquittal under section 256 of the Code of Criminal Procedure for absence of the complainant in the court when the case was posted. Notice was ordered in the appeal on 9.6.1998. So far notice was not served. Repeated notices sent were returned with the endorsement that he left India. When notice was ordered to be served by affixture, it was also returned stating that from 2004, the accused was in America. In these state of affairs, so far, no effective steps were taken to serve notice even though eight years have elapsed. Even otherwise, dismissal of the case or acquittal of the accused for absence of the complainant cannot be said to be illegal. Therefore, on merit also, the appeal will not stand. Appeal dismissed. J.B.KOSHY

JUDGE

vaa Crl.A.No./98 2

J.B. KOSHY, J.

CRL.APPEAL No.375/98 Judgment

Dated:1st November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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