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K.ABDUL LATHEEF, AGED 33 YEARS versus SHARAF, KOYAMBRATH HOUSE

High Court of Kerala

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K.ABDUL LATHEEF, AGED 33 YEARS v. SHARAF, KOYAMBRATH HOUSE - CRL A No. 2071 of 2005(A) [2007] RD-KL 168 (3 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 2071 of 2005(A)

1. K.ABDUL LATHEEF, AGED 33 YEARS,
... Petitioner

Vs

1. SHARAF, KOYAMBRATH HOUSE,
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.V.N.RAMESAN NAMBISAN

For Respondent :SRI.A.KRISHNAN

The Hon'ble MR. Justice K.A.ABDUL GAFOOR

Dated :03/01/2007

O R D E R

K.A.ABDUL GAFOOR, J.

Crl.M.Appln. 5761 of 2006 & Cr.A.No.2071 of 2005

Dated this the 3rd day of January, 2006.

O R D E R

The criminal appeal stands dismissed for default of the appellant. Now, the appellant has filed the application [Crl.M.Appln.5761 of 2006] to restore the appeal back on file.

2. But a closer scrutiny of the records reveals that the appellant was in the constant habit of absenting himself in the court. He happened to carry this appeal only when his complaint has been dismissed because of his absence. Again, the appeal has been dismissed because of his absence and his counsel. That is why I have stated at the outset that this is his constant conduct. Anyhow, taking note that he did not have an opportunity to prosecute his case, I am of the view that the appeal shall be restored to file on condition of Crl.M.Appln. 5761 of 2006 & Cr.A.No.2071 of 1996 paying a sum of Rs.7,500/- to the counsel for the respondent/accused appearing in this case, within a period of two weeks. In case the cost is not paid within two weeks, the judgment dated 29.5.2006 will revive and the Crl.M.Appln.No.5761 of 2006 and the appeal shall stand dismissed. Crl.M.Appln. 5761 of 2006 and the appeal are disposed of accordingly. (K.A.ABDUL GAFOOR)

JUDGE

sk/

K.A.ABDUL GAFOOR , J.

Crl.M.Appln. 5761 of 2006 & Cr.A.No.2071 of 2005

O R D E R

3rd January, 2007.


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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