High Court of Kerala
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RAJESH AGRWAL versus S.LAKSHMANAN RAO
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RAJESH AGRWAL v. S.LAKSHMANAN RAO - CRL A No. 213 of 1999(A) [2006] RD-KL 2699 (6 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 213 of 1999(A)1. RAJESH AGRWAL
... Petitioner
Vs
1. S.LAKSHMANAN RAO
... Respondent
For Petitioner :SRI.B.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
Dated :06/12/2006
O R D E R
J.B.KOSHY, J.
Criminal Appeal.No.213 OF 1999 (A)Dated this the 6th day of December, 2006
JUDGMENT
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, JUDGE
prp J.B.KOSHY Criminal.Appeal.213 OF 1999 (A)JUDGMENT
6th December, 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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