The High Court of Kerala dismissed this criminal appeal filed by a complainant against an order under Section 46 of BNS. The Court observed that although Notice was ordered in 1999, it was never served on the accused, and no steps were taken to cure this defect.
Criminal Appeal dismissed; no further proceedings allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE J.B.KOSHY
WEDNESDAY, THE 14TH FEBRUARY 2007 / 25TH MAGHA 1928
CRL.A.No. 451 of 1999()
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ST.471/1998 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUMDT.22.4.99.
APPELLANT: COMPLAINANT
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V.SUNIL KUMAR, PRAVEEN COTTAGE, T.C. 24/1606(A) THYCAUDU P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.THOMAS ABRAHAM
RESPONDENTS: ACCUSED
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1. S.MURUKAN, PARAMBIL HOUSE, PRASANTH NAGAR, PONGUMMOODU P.O., CHERUVACKAL VILLAGE, THIRUVANANTHAPURAM. ALSO HAVING ADDRESS AT PARAMBIL BUNGLOW, CIVIL LINE WARD, AMBALAPPUZHA VILLAGE, ALAPPUZHA.
2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA , ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. K.M.FIROZ
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B.KOSHY, J.
Crl. Appeal No. 451 of 1999
Dated this the 14th day of February, 2007
Judgment
Notice was ordered on 9.7.1999. So far, notice was not served on the accused. No steps were taken to cure the defect. Counsel for the appellant submitted that part amount was already paid. In these circumstances, the appeal is dismissed.
J.B. KOSHY (JUDGE)
vaa
J.B.Koshy J.
Crl.A. No. 451 of 1999
Judgment
14-2-2007
COMPLAINANT
S.MURUKAN
STATE OF KERALA REP.BY PUBLIC PROSECUTOR
J.B. KOSHY
As recorded by the court registry
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