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RAJESH AGRWAL v. S.LAKSHMANAN RAO - CRL A No. 213 of 1999(A)  RD-KL 2699 (6 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRL A No. 213 of 1999(A)
1. RAJESH AGRWAL
1. S.LAKSHMANAN RAO
For Petitioner :SRI.B.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
O R D E R
J.B.KOSHY, J.Criminal Appeal.No.213 OF 1999 (A)
Dated this the 6th day of December, 2006
This appeal is filed against the order of acquittal passed by the Additional Judicial Magistrate under Section 256 (1) of the Code of Criminal Procedure. Notice was not so far served on the respondents. In fact, notice was ordered on 12.3.1999, but notice was not served and no further steps were taken to serve notice. Today also it is submitted by the counsel who filed the appeal that the case bundle has been taken back by the appellant. Considering the facts and circumstances of the case, I am of the view that acquittal of the accused for the absence of the complainant under Section 256 (1) of Cr.P.C. cannot be taken as illegal. Hence this appeal is dismissed.
J.B.KOSHY, JUDGEprp J.B.KOSHY Criminal.Appeal.213 OF 1999 (A)
6th December, 2006
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