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GREGORY.N.A versus FRANCIS.K.G

High Court of Kerala

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GREGORY.N.A v. FRANCIS.K.G - CRL A No. 536 of 1998 [2006] RD-KL 982 (5 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 536 of 1998()

1. GREGORY.N.A.
... Petitioner

Vs

1. FRANCIS.K.G.
... Respondent

For Petitioner :SRI.C.K.ARAVINDAKSHA MENON

For Respondent : No Appearance

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

Dated :05/10/2006

O R D E R

J.B.KOSHY, J.

Crl.Appeal No.536 OF 1998 Dated 5th October, 2006

JUDGMENT

This appeal is filed against acquittal of the accused under section 256(1) of the Code of Criminal Procedure. Notice was ordered in this case on 28.7.1998, but, process was not paid so far and, therefore, notice was not sent to the accused. On going through the files also it is found that the complainant was continuously absent on various posting dates even though accused was present. Therefore, the court was compelled to acquit the accused under section 256(1) of Cr.P.C. In view of the continuous absence of the complainant it cannot be stated that dismissal of the complaint and acquittal of the accused is illegal. Hence, the appeal is dismissed. J.B.KOSHY Judge tks


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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