P.K.Jose v. State of Kerala
Case brief
What is this about?
The High Court of Kerala set aside an acquittal under Section 256(1) Cr.P.C. regarding inconsistent absence by the complainant and procedural defaults, restoring the case for further proceedings.
What did the court decide?
The order of acquittal is set aside and the complaint is restored to file for further proceedings by the lower court.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930
CRL.A.No. 469 of 2008()
----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.1243/2007 Dated 13/12/2007 ST.1584/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PALA
APPELLANT: COMPLAINANT:
----------------------------------------------
P.K. JOSE, S/O. KURIAN, ATHIKARATHU HOUSE, MYYAMTHOD KARA, THYYAMPAR VILLAGE, PALAKKAD DISTRICT, NOW RESIDING AT MUNDATHANATHU HOUSE, ULLANAD KARA, ULLANAD P.O.
BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.T.V.VINU
RESPONDENTS: STATE & ACCUSED:
Issues for consideration
1 issue framed by the court
Whether the acquittal of the accused under Section 256(1) Cr.P.C. was sustainable given the complainant's absence on prior dates and lack of representation.
Parties & counsel
- appellant
P.K. JOSE
- respondent
STATE OF KERALA
- respondent
JANARDHANAN
Coram
Case details
As recorded by the court registry
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